Decision 2147E – Fontana Unified School District
LA-CE-5266-E
Decision Date: December 10, 2010
Decision Type: PERB Decision
Description: The Board affirmed the dismissal of an unfair practice charge in which the charging party alleged the District violated EERA by: (1) retaliating against him for engaging in protected conduct; (2) unlawfully maintaining personnel records; (3) negotiating in bad faith and (4) breaching an unwritten settlement agreement for an undisclosed amount of backpay.
Disposition: The Board held the charging party failed to plead sufficient facts to establish a prima facie case of unlawful retaliation.
Perc Vol: 35
Perc Index: 10
Decision Headnotes
300.01000 – In General
PERB has consistently held that filing complaints with outside agencies and regarding issues such as race or gender based discrimination does not qualify as protected activity. This is because outside agencies often have rules and regulations in place to prevent unlawful retaliation for filing complaint and because PERB does lacks the authority to address race or gender based discrimination claims.
300.16000 – Appeals to Other Agencies/Filing of Court Actions
PERB has consistently held that filing complaints with outside agencies and regarding issues such as race or gender based discrimination does not qualify as protected activity. This is because outside agencies often have rules and regulations in place to prevent unlawful retaliation for filing complaint and because PERB does lacks the authority to address race or gender based discrimination claims.
502.01000 – In General
PERB has consistently held that filing complaints with outside agencies and regarding issues such as race or gender based discrimination does not qualify as protected activity. This is because outside agencies often have rules and regulations in place to prevent unlawful retaliation for filing complaint and because PERB does lacks the authority to address race or gender based discrimination claims.
608.01000 – In General
Under EERA, public school employers and exclusive representatives owe a mutual duty to meet and confer with one another in good faith concerning issues within the scope of representation. Thus, the employer’s duty to negotiate in good faith is owed to the exclusive representative employee organization. Consequently, individual employees lack standing to allege that an employer has failed to bargain in good faith.
1100.01000 – In General/Prima Facie Case
PERB Regulation 32615(a)(5) requires, among other things, that an unfair practice charge include a clear and concise statement of the facts and conduct alleged to constitute an unfair practice. This burden includes alleging the who, what, when, where and how of an unfair practice.
1100.03000 – Standing
Under EERA, public school employers and exclusive representatives owe a mutual duty to meet and confer with one another in good faith concerning issues within the scope of representation. Thus, the employer’s duty to negotiate in good faith is owed to the exclusive representative employee organization. Consequently, individual employees lack standing to allege that an employer has failed to bargain in good faith.
1100.08000 – Pleading Requirements
PERB Regulation 32615(a)(5) requires, among other things, that an unfair practice charge include a clear and concise statement of the facts and conduct alleged to constitute an unfair practice. This burden includes alleging the who, what, when, where and how of an unfair practice.
1503.02000 – Regulations Considered (By Number)
PERB Regulation 32615(a)(5) requires, among other things, that an unfair practice charge include a clear and concise statement of the facts and conduct alleged to constitute an unfair practice. This burden includes alleging the who, what, when, where and how of an unfair practice.