Decision 2219E – Los Angeles Community College District
LA-CE-5423-E
Decision Date: November 15, 2011
Decision Type: PERB Decision
Description: The charge alleged that the Los Angeles Community College District relocated an employee’s office in retaliation for her filing a grievance and unfair practice charges with PERB.
Disposition: The Board affirmed the dismissal of the charge for failure to state a prima facie case of retaliation, finding that the relocation of the office did not constitute an adverse action and that it was not taken for retaliatory reasons.
Perc Vol: 36
Perc Index: 82
Decision Headnotes
503.01000 – In General
Employee failed to prove that office relocation constituted an adverse action, where there was no objective evidence that a reasonable person would find it to be a bad place to work. Employee’s subjective feelings of loneliness, isolation and punishment did not meet objective reasonableness standard.
503.05000 – Transfer, Promotion, or Demotion; Work Assignments and Opportunities
Employee failed to prove that office relocation constituted an adverse action, where there was no objective evidence that a reasonable person would find it to be a bad place to work. Employee’s subjective feelings of loneliness, isolation and punishment did not meet objective reasonableness standard.
503.15000 – Other
Employee failed to prove that office relocation constituted an adverse action, where there was no objective evidence that a reasonable person would find it to be a bad place to work. Employee’s subjective feelings of loneliness, isolation and punishment did not meet objective reasonableness standard.
1107.02000 – Weight Given to ALJ’s Proposed Decision: Findings, Conclusions, Credibility Resolutions
The Board normally gives deference to the ALJ’s factual findings involving credibility determinations unless they are unsupported by the record as a whole.