Decision 2390E – Los Angeles Unified School District
LA-CE-5557-E
Decision Date: August 26, 2014
Decision Type: PERB Decision
Description: The ALJ concluded that charging party failed to establish a nexus between her protected conduct and the employer’s adverse actions and thus failed to prove a prima facie case of retaliation under the EERA. The ALJ also concluded that even if the charging party had established a prima facie case, the employer proved up its affirmative defense, viz., that it had a lawful alternative reason for the adverse actions and acted because of that reason when it terminated and took other adverse action against charging party.
Disposition: The Board affirmed the ALJ’s proposed decision which it adopted as the decision of the Board itself, subject to the Board’s discussion of the charging party’s exceptions. The Board considered and rejected charging party’s exceptions as, variously, untimely, unpersuasive and/or repetitive of claims already determined by the ALJ.
Perc Vol: 39
Perc Index: 34
Decision Headnotes
504.02000 – Disparate Treatment
The relevant inquiry in a nexus analysis is whether the District deviated from an established policy or treated the charging party differently from other similarly situated employees.
504.03000 – Departure from Past Practices or Procedures
The relevant inquiry in a nexus analysis is whether the District deviated from an established policy or treated the charging party differently from other similarly situated employees.
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Charging party’s exceptions fail to comply with PERB Regulation 32300. Charging party fails clearly to state specific issues of procedure, fact, law or rationale to which each exception is taken and, except for one instance, fails to identify the page or part of the decision to which each exception is taken.
1107.02000 – Weight Given to ALJ’s Proposed Decision: Findings, Conclusions, Credibility Resolutions
The Board will defer to ALJ credibility determinations absent evidence to support overturning such determinations.