Decision 2449E – Rio School District
LA-CE-5717-E
Decision Date: August 31, 2015
Decision Type: PERB Decision
Description: Charging party alleged that the District issued Lucas a notice of non-reelection in retaliation for speech activity protected under EERA.
Disposition: The Board affirmed the proposed decision. The appeal addressed only charging party’s inability to present witnesses, the ALJ’s failure to remove an individual from the hearing, and the ALJ’s failure to provide a cautionary statement to District employees called as witnesses. The Board found no merit to any of charging party’s exceptions.
Perc Vol: 40
Perc Index: 45
Decision Headnotes
300.01000 – In General
Comments during governing board meetings pertaining to both the financial status of the employer and the quality of the employer’s education programs constitute protected activity. Comments about the quality of the union’s representation in negotiations constitute protected activity.
300.15000 – Speech
Comments during governing board meetings pertaining to both the financial status of the employer and the quality of the employer’s education programs constitute protected activity. Comments about the quality of the union’s representation in negotiations constitute protected activity.
1104.01000 – In General; Conduct of Hearing
By withdrawing her subpoenas rather than letting the ALJ address the issue of alleged witness tampering and intimidation at the formal hearing, charging party cannot complain that she was unable to prove her case without the witness she had planned to call or that the ALJ failed to protect them.
1105.01000 – In General
By withdrawing her subpoenas rather than letting the ALJ address the issue of alleged witness tampering and intimidation at the formal hearing, charging party cannot complain that she was unable to prove her case without the witness she had planned to call or that the ALJ failed to protect them.
1105.13000 – Witnesses; Who May Testify; Board Agents as Witnesses; Self-Incrimination; Immunity; Labor Code Section 1151.2
By withdrawing her subpoenas rather than letting the ALJ address the issue of alleged witness tampering and intimidation at the formal hearing, charging party cannot complain that she was unable to prove her case without the witness she had planned to call or that the ALJ failed to protect them.
1105.14000 – Witnesses: Credibility, Cross Examination and Impeachment; Pretrial Statements
By withdrawing her subpoenas rather than letting the ALJ address the issue of alleged witness tampering and intimidation at the formal hearing, charging party cannot complain that she was unable to prove her case without the witness she had planned to call or that the ALJ failed to protect them.