Decision 2129E – Sacramento City Unified School District

SA-CE-2507-E

Decision Date: September 3, 2010

Decision Type: PERB Decision

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Perc Vol: 34
Perc Index: 134

Decision Headnotes

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.05000 – Grievances

Filing a grievance and pursuing it to final resolution are protected activities.

501.00000 – EMPLOYER DISCRIMINATION; DISCRIMINATION
501.01000 – In General; Elements of Prima Facie Case

Prima facie case established when charge alleged that school district removed substitute teacher from active substitute list five weeks after several grievances were settled in his favor; the district administrator who handled the grievances also controlled the substitute list; and the district exaggerated the incident cited as the reason for his removal from the list.

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.01000 – In General

Removal of substitute teacher’s name from the school district’s active substitute list was an adverse action because it effectively terminated the teacher’s employment with the district.

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.07000 – Discharge; Layoffs; Constructive Discharge; Rejection During Probation

Removal of substitute teacher’s name from the school district’s active substitute list was an adverse action because it effectively terminated the teacher’s employment with the district.

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.15000 – Other

Removal of substitute teacher’s name from the school district’s active substitute list was an adverse action because it effectively terminated the teacher’s employment with the district.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.02000 – Disparate Treatment

Disparate treatment of substitute teacher not established when charge contained no factual allegations regarding the school district’s treatment of any other substitute teacher who had been late to an assignment.

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

Timing factor established when school district removed substitute teacher’s name from its active substitute list five weeks after several grievances were resolved in the teacher’s favor.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.07000 – No reason or Inconsistent Reasons Given; Shifting Justifications

School district’s failure to give substitute teacher a reason for removing him from the district’s active substitute list did not support an inference of unlawful motive where the district was not required by law or policy to give a reason and the district had no past practice of doing so. No shifting justifications when employer did not give a reason at time of adverse action and then gave one in response to unfair practice charge.


504.14000 – Other/In General

School district’s exaggeration of the facts surrounding a substitute teacher’s late arrival for an assignment indicates that the incident was a pretext for removing the teacher’s name from the active substitute list because of his protected activity.

505.00000 – EMPLOYER DISCRIMINATION; DEFENSES
505.01000 – In General

At the charge investigation stage, PERB may not consider the employer’s affirmative defense that it would have taken adverse action against the employee even if the employee had not engaged in protected activity.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.02000 – Investigation of Charge

To determine whether a charge alleges a prima facie case, the Board agent must assume that the essential facts alleged in the charge are true. If the Board agent’s investigation reveals conflicting issues of material fact, the conflict must be resolved via PERB’s hearing process; the Board agent may not resolve the conflict at the investigation stage.