Decision 2241E – Lake Elsinore Unified School District
LA-CE-5235-E
Decision Date: February 27, 2012
Decision Type: PERB Decision
Description: The charge alleged that the District retaliated against a probationary employee by not re-electing him for employment after he engaged in protected activity as a member of the bargaining team of the Association.
Disposition: The Board upheld the dismissal of the unfair practice complaint and underlying charge based upon the failure to establish to that the District’s decision was unlawfully motivated.
Perc Vol: 36
Perc Index: 129
Decision Headnotes
504.02000 – Disparate Treatment
Claim that other probationary teachers with performance deficiencies were also non-reelected does not establish that non-reelection of teacher without performance deficiencies was subjected to disparate treatment.
504.03000 – Departure from Past Practices or Procedures
District did not depart from established policies and procedures by not reelecting probationary employee despite satisfactory performance evaluations, where other employees with satisfactory performance evaluations were also not reelected and performance evaluations were not the only source of information used by the District in making re-election decisions.
504.07000 – No reason or Inconsistent Reasons Given; Shifting Justifications
Failure to give probationary teacher reason for non-reelection does not indicate unlawful motive, where employer’s practice was not to provide reasons and it was not required by law or policy to do so.
504.12000 – Employer Statements or Conduct; Threats
School Districts expressed reasons for non-reelecting probationary teacher because of his lack of support for co-teaching model does not constitute direct evidence of unlawful motivation.
504.14000 – Other/In General
School Districts expressed reasons for non-reelecting probationary teacher because of his lack of support for co-teaching model does not constitute direct evidence of unlawful motivation.
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Exceptions clearly identified issues to which exception is taken, with appropriate page references to ALJ’s proposed decision and citations to the record, and therefore satisfies requirements of PERB Regulation 32300.
1107.02000 – Weight Given to ALJ’s Proposed Decision: Findings, Conclusions, Credibility Resolutions
The Board will give deference to ALJ credibility determinations absent evidence to support overturning such conclusions. ALJ’s determination that witness did not make statements attributed to her is affirmed.
1107.04000 – Unalleged Violations
Allegations of additional instances of protected activity that were not alleged in either the charge or the complaint constitute unalleged basis for retaliation claim that will not be considered, where respondent was not afforded adequate notice and an opportunity to defend against the unalleged claim that it took adverse action against employee for having engaged in that activity.