Decision 2463E – Chico Unified School District

SA-CE-2658-E

Decision Date: December 22, 2015

Decision Type: PERB Decision

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Perc Vol: 40
Perc Index: 106

Decision Headnotes

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
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.

1105.00000 – CASE PROCESSING PROCEDURES; EVIDENCE
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.