Decision 2244E – Los Angeles Unified School District
LA-CE-5482-E
Decision Date: February 29, 2012
Decision Type: PERB Decision
Description: The charge alleged that the District retaliated against an employee for having engaged in protected activities by barring her from working as a substitute teacher at one school and by reducing her work assignments pursuant to an audit.
Disposition: The Board upheld the dismissal of the charge with respect to the reduction in work assignment and remanded the case for issuance of a complaint with respect to the removal from working at a school.
Perc Vol: 36
Perc Index: 133
Decision Headnotes
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.
503.05000 – 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.
503.07000 – 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.
504.04000 – 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.
504.07000 – 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.
504.12000 – 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.