Decision 2647E – Los Angeles Unified School District


Decision Date: June 12, 2019

Decision Type: PERB Decision

Description:  The Board affirmed a proposed decision finding that the District retaliated against a union leader when it displaced him from his longtime teaching position after converting Crenshaw High School to a magnet school.  Additionally, the Board agreed with the proposed decision’s conclusion that the union failed to establish discriminatory motivation as to the District’s decision to displace eight other teachers.

Disposition:  The Board denied all exceptions and affirmed the proposed decision’s recommended order.

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Perc Vol: 43
Perc Index: 197

Decision Headnotes

501.01000 – In General; Elements of Prima Facie Case

When a school district involuntarily displaces teachers in connection with its decision to create a magnet school, the Board will evaluate the district’s motivations under the traditional test for discrimination set out in Novato Unified School District (1982) PERB Decision No. 210.

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

Involuntary displacement from former teaching position resulting from magnet school conversion constitutes an adverse action under EERA.

505.01000 – In General

The degree to which evidence constitutes persuasive support for an employer’s affirmative defense necessarily changes with the nature of the adverse action itself. Thus, depending on the quality of the prima facie case, uncorroborated testimony from a single witness is unlikely to be persuasive in the context of a termination premised on a pattern of misconduct. On the other hand, such testimony could well suffice to justify a written warning. Since this case arises from a unique, non-disciplinary displacement of numerous employees, it is necessary to contextualize these decisions before evaluating the persuasiveness of the District’s evidence in support of its non-discriminatory motivations.