Decision 2463E – Chico Unified School District


Decision Date: December 22, 2015

Decision Type: PERB Decision

Description: Charging party alleged that the District violated EERA when it took adverse action against a bargaining unit member because of his exercise of protected rights by assigning him to teach non-welding courses.

Disposition: The Board affirmed the proposed decision dismissing the complaint and underlying unfair practice charge with the exception of finding that the Association failed to prove the requisite additional nexus factor for establishing a prima facie case of retaliation.  The Association established that an e-mail message showed at least some animus toward the bargaining unit member.  However, the District sufficiently demonstrated that it had a non-discriminatory reason for its actions.

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Perc Vol: 40
Perc Index: 106

Decision Headnotes

503.05000 – Transfer, Promotion, or Demotion; Work Assignments and Opportunities

Decision to assign teacher to teach different classes constituted adverse action because the assignment created less favorable working conditions.

1105.14000 – Witnesses: Credibility, Cross Examination and Impeachment; Pretrial Statements

If a party believes testimony of an individual to not be credible, it has an obligation to discredit it either through impeachment on cross-examination or by offering more credible testimony through its own witnesses. Without having done that, the ALJ, and now the Board, have no basis to disregard, discount or discredit the testimonial evidence.