Decision 2585E – Berkeley Unified School District (Griffin)

SF-CE-3203-E

Decision Date: September 27, 2018

Decision Type: PERB Decision (Non-Precedential)

Description:  Charging Party, a public school employee, alleged the Berkeley Unified School District violated the EERA by delaying overtime payments and issuing him a written reprimand, both in retaliation for protected activity.  PERB’s Office of the General Counsel (OGC) dismissed the overtime allegations as untimely and the remaining charge for failure to state a prima facie case.  The employee appealed OGC’s dismissal, arguing he had adequately demonstrated the District Superintendent’s knowledge of his protected activities.

Disposition:  The Board denied the appeal and adopted the dismissal.  Based on records Charging Party filed in support of his charge, it does not appear the Superintendent knew of Charging Party’s protected activities.  Moreover, under the facts alleged in the charge, the Superintendent was not involved in the disciplinary decision, which was decided upon and taken by another individual.

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Perc Vol: 43
Perc Index: 58

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