Decision 2091E – San Joaquin Delta Community College District * * * OVERRULED IN PART by Walnut Valley Unified School District (2016) PERB Decision No. 2495
SA-CE-2525-E
Decision Date: January 29, 2010
Decision Type: PERB Decision
* * * OVERRULED IN PART by Walnut Valley Unified School District (2016) PERB Decision No. 2495 * * *
Description: The charge alleged that the San Joaquin Delta Community College District unlawfully discriminated against charging party for engaging in protected activity, specifically, by reducing his class load from three classes to one class, canceling his one class, and offering him a class at a different location.
Disposition: The Board affirmed the dismissal of the charge, finding that the charge failed to establish that the charging party engaged in any protected activity.
Perc Vol: 34
Perc Index: 38
Decision Headnotes
300.04000 – Individual/Concerted/Activities/Self-Representation
* * * OVERRULED IN PART by Walnut Valley Unified School District (2016) PERB Decision No. 2495, where the Board held that a charging party need not allege facts demonstrating conduct or speech is a logical continuation of group activity, if acts can be reasonably characterized as representing oneself in employment relations. * * *
Employee’s complaints concerning the reduction of his own teaching assignment did not constitute protected activity under EERA. There are no allegations that would establish that those complaints were a logical continuation of any group activity. Rather, the charge indicates that they were undertaken alone and for the employee’s sole benefit.
300.06000 – Demands for Change in Working Conditions
* * * OVERRULED IN PART by Walnut Valley Unified School District (2016) PERB Decision No. 2495, where the Board held that a charging party need not allege facts demonstrating conduct or speech is a logical continuation of group activity, if acts can be reasonably characterized as representing oneself in employment relations. * * *
Employee’s complaints concerning the reduction of his own teaching assignment did not constitute protected activity under EERA. There are no allegations that would establish that those complaints were a logical continuation of any group activity. Rather, the charge indicates that they were undertaken alone and for the employee’s sole benefit.
503.05000 – Transfer, Promotion, or Demotion; Work Assignments and Opportunities
* * * OVERRULED IN PART ON OTHER GROUNDS by Walnut Valley Unified School District (2016) PERB Decision No. 2495. * * *
Charge failed to establish that charging party was involuntarily transferred, where charge only alleged that charging party was asked whether he wanted to transfer to another location.
504.04000 – Timing of Action
* * * OVERRULED IN PART ON OTHER GROUNDS by Walnut Valley Unified School District (2016) PERB Decision No. 2495. * * *
Charge failed to establish temporal proximity between alleged initial protected activity and failure to consider employee for an open position, where alleged adverse action occurred prior to protected activity.