Decision 2495E – Walnut Valley Unified School District
LA-CE-6041-E
Decision Date: June 30, 2016
Decision Type: PERB Decision
Description: Charging party alleged that she was dismissed from her position as a music teacher in retaliation for her complaining about certain curricular issues.
Disposition: The Board upheld the dismissal because the charge failed to establish employer knowledge of protected activity. But the Board held that charging party’s individual complaints about curricular issues was both protected concerted activity and protected self-representation.
Perc Vol: 41
Perc Index: 34
Decision Headnotes
300.01000 – In General
The right to “form, join, and participate” in union activities includes protesting a management directive regarding educational policy, curriculum issues, or other matter of obvious collective concern. Employee need not know the concerns of, or attempt to enlist, other employees. If the employee is covered by EERA and raises a concern about a matter that is implicitly part of the employment relationship, then the conduct also falls within the right of self-representation.
300.04000 – Individual/Concerted/Activities/Self-Representation
The right to “form, join, and participate” in union activities includes protesting a management directive regarding educational policy, curriculum issues, or other matter of obvious collective concern. Employee need not know the concerns of, or attempt to enlist, other employees. Employee need not know the concerns of, or attempt to enlist, other employees. If the employee is covered by EERA and raises a concern about a matter that is implicitly part of the employment relationship, then the conduct also falls within the right of self-representation.
300.06000 – Demands for Change in Working Conditions
The right to “form, join, and participate” in union activities includes protesting a management directive regarding educational policy, curriculum issues, or other matter of obvious collective concern. Employee need not know the concerns of, or attempt to enlist, other employees. Employee need not know the concerns of, or attempt to enlist, other employees. If the employee is covered by EERA and raises a concern about a matter that is implicitly part of the employment relationship, then the conduct also falls within the right of self-representation.
300.15000 – Speech
The right to “form, join, and participate” in union activities includes protesting a management directive regarding educational policy, curriculum issues, or other matter of obvious collective concern. Employee need not know the concerns of, or attempt to enlist, other employees. Employee need not know the concerns of, or attempt to enlist, other employees. If the employee is covered by EERA and raises a concern about a matter that is implicitly part of the employment relationship, then the conduct also falls within the right of self-representation.
501.03000 – Knowledge of Protected Activity
Under the “cat’s paw” theory, employers are responsible where discriminatory or retaliatory actions by supervisory personnel bring about adverse employment actions through the instrumentality or conduit of other actors who may be entirely innocent of discriminatory or retaliatory animus. In contrast, under the subordinate bias liability theory, a supervisor’s unlawful motive may be imputed to the decision-maker when: (1) the supervisor’s recommendation, evaluation, or report was motivated by the employee’s protected activity; (2) the supervisor intended for his or her conduct to result in an adverse action; and (3) the supervisor’s conduct caused the decision-maker to take adverse action against the employee.