Decision 2415E – San Francisco Unified School District

SF-CE-3025-E

Decision Date: March 4, 2015

Decision Type: PERB Decision (Non-Precedential)

Description:  Charging party alleged that the District retaliated against her for exercising rights protected by the EERA.  PERB’s Office of the General Counsel dismissed charging party’s allegations on the basis that she had failed to demonstrate that the employer had taken adverse action against her and, even if the employer had done so, charging party failed to demonstrate that the employer had an unlawful motive or that the employer’s conduct was provoked by her exercise of protected rights.  The Office of the General Counsel further declined to attribute the possible unlawful motive of charging party’s co-worker to the employer under a “cat’s paw” theory of liability.

Disposition:  The Board affirmed dismissal of the charge.  The Board reaffirmed Redlands Unified School District (1982) PERB Decision No. 235, which held that sporadic performance of “quasi-‘supervisory’” functions is “insufficient to confer supervisory status” upon classroom teachers.  The Board reviewed charging party’s allegations, to wit, that a supervisory classroom teacher had acted against her because of charging party’s protected activity, and concluded that charging party’s allegations did not establish that the classroom teacher had engaged in quasi supervisory functions sufficient to confer supervisory status on the classroom teacher.

Perc Vol: 39
Perc Index: 115

Decision Headnotes