Decision 2710E – * * * JUDICIAL APPEAL PENDING * * * Berkeley Unified School District

SF-CE-3141-E

Decision Date: April 17, 2020

Decision Type: PERB Decision (Non-Precedential)

Description:  Charging Party Latanja Chambers (Chambers) excepted to the proposed decision of an administrative law judge (ALJ), dismissing Chambers’ amended unfair practice charge against her employer, Berkeley Unified School District (District). Chambers alleged that she was terminated in retaliation for activity protected by the Educational Employment Relations Act (EERA). The ALJ found that Chambers demonstrated a prima facie retaliation case, but that the District met its burden to show that it would have taken the same action even in the absence of her protected activity based on her repeated and serious work performance problems.

Disposition:  The Board affirmed the proposed decision, finding that based on the weight of the evidence, the District convincingly demonstrated that Chambers’ incompetent and inefficient work performance would have led to the same consequences even absent her EERA-protected activity. Judicial appeal pending as of 5/18/20.

Decision Headnotes

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