Decision 2309E – Jurupa Unified School District

LA-CE-5517-E

Decision Date: March 8, 2013

Decision Type: PERB Decision

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Decision Headnotes

200.00000 – PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309)
200.01000 – In General

Placement of an employee on a 39-month re-employment list pursuant to Education Code section 44978.1 does not constitute a separation from service. An employee on the 39-month re-employment list remains an employee of the school district throughout the 39-month period. Reaffirming Santa Ana Educators Association (Felicijan & Hetman) (2009) PERB Decision No. 2008.

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.01000 – In General

A reasonable person would consider a notice sent by a school district notifying him or her that they have been terminated to be an adverse action, when in fact, they remained District employees on a 39-month re-employment list pursuant to Education Code section 44978.1.

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

A retraction of a prior coercive statement which did not address the coercive aspects of the prior statement and was not tendered within a few days, at most, of the prior coercive statement was both inadequate and untimely, and thus not made in a manner that completely nullified the coercive effects of the earlier statement.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.13000 – Unusually Harsh Treatment

A retraction of a prior coercive statement which did not address the coercive aspects of the prior statement and was not tendered within a few days, at most, of the prior coercive statement was both inadequate and untimely, and thus not made in a manner that completely nullified the coercive effects of the earlier statement.

505.00000 – EMPLOYER DISCRIMINATION; DEFENSES
505.01000 – In General

A retraction of a prior coercive statement which did not address the coercive aspects of the prior statement and was not tendered within a few days, at most, of the prior coercive statement was both inadequate and untimely, and thus not made in a manner that completely nullified the coercive effects of the earlier statement.