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.

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Perc Vol: 34
Perc Index: 38

Decision Headnotes

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.04000 – Individual/Concerted/Activities/Self-Representation

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.

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.06000 – Demands for Change in Working Conditions

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.

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.05000 – Transfer, Promotion, or Demotion; Work Assignments and Opportunities

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.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.04000 – Timing of Action

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.