Decision 2244E – Los Angeles Unified School District

LA-CE-5482-E

Decision Date: February 29, 2012

Decision Type: PERB Decision

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Perc Vol: 36
Perc Index: 133

Decision Headnotes

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.05000 – Grievances

Filing of grievances, meeting with employer’s administrators concerning implementation of settlement of grievances, and filing unfair practice charge with PERB all constitute protected activities.

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

Decision to bar substitute teacher from working at a particular school and to remove her from the preferred substitute list are adverse actions.

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

Decision to bar substitute teacher from working at a particular school and to remove her from the preferred substitute list are adverse actions.

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

Although many of employee’s protected activities occurred years before the adverse action, her protected activity in seeking resolution of her grievances occurred only one month before adverse action, thus establishing timing.

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

Allegation that principal told substitute teacher that cited incident was not the true reason for her removal could support a finding of inconsistent or contradictory justification or the offering of vague and ambiguous reasons. In addition, allegations that principal told teacher that she had “had problems with other principals in the past and mustn’t take it out on him because of what others dictate” could support a finding that the decision was made by someone else with unlawful motivation.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.12000 – Employer Statements or Conduct; Threats

Allegation that principal told substitute teacher that cited incident was not the true reason for her removal could support a finding of inconsistent or contradictory justification or the offering of vague and ambiguous reasons. In addition, allegations that principal told teacher that she had “had problems with other principals in the past and mustn’t take it out on him because of what others dictate” could support a finding that the decision was made by someone else with unlawful motivation.