Decision 2631E – Antelope Valley Union High School District
LA-CE-6094-E
Decision Date: March 5, 2019
Decision Type: PERB Decision
Description: Charging Party Eugene Smith (Smith) excepted to a proposed decision dismissing his complaint which alleged that the Antelope Valley Union High School District (District) violated the Educational Employment Relations Act by removing courses from his schedule and refusing to assign him extra-duty assignments because of his participation in protected activity. The ALJ found that although the District knew of Smith’s protected conduct and took adverse employment action against him, Smith presented no evidence that the adverse action was motivated by his protected conduct.
Disposition: The Board adopted the ALJ’s proposed decision as modified and supplemented by discussion of Smith’s exceptions.
Perc Vol: 43
Perc Index: 148
Decision Headnotes
1107.06000 – De Novo Review; Standard of Review by Board
As the ultimate finder of fact, the Board is free to draw contrary inferences from the evidence presented, and to form its own conclusions. (p. 5.)
300.04000 – Individual/Concerted/Activities/Self-Representation
Under the Educational Employment Relations Act, an employee’s complaint to management about his or her own working conditions constitutes an exercise of his or her right to self-representation and is therefore protected activity. (p. 8.)
503.01000 – In General
In determining whether an employer’s action is adverse, the Board uses an objective test and will not rely upon the subjective reactions of the employee. “The test which must be satisfied is not whether the employee found the employer’s action to be adverse, but whether a reasonable person under the same circumstances would consider the action to have an adverse impact on the employee’s employment.” (pp. 8-9.)
503.01000 – In General
A charging party need not prove a loss of compensation to show that an action was objectively adverse. (p. 9.)
503.01000 – In General
Using an objective test, a reasonable person might perceive an employee’s revised schedule—in which the employer removed all classes of a particular subject matter—to be less prestigious, to be a step down on the career ladder, or to feature lesser working conditions, even if the employee did not lose compensation as a result of the change. (pp. 9-10.)
503.05000 – Transfer, Promotion, or Demotion; Work Assignments and Opportunities
Using an objective test, a reasonable person might perceive an employee’s revised schedule—in which the employer removed all classes of a particular subject matter—to be less prestigious, to be a step down on the career ladder, or to feature lesser working conditions, even if the employee did not lose compensation as a result of the change. (pp. 9-10.)