Decision 2956E – Los Angeles Unified School District
LA-CE-6257-E & LA-CE-6555-E
Decision Date: April 17, 2025
Decision Type: PERB Decision (Non-Precedential)
Description: The complaint in Case No. LA-CE-6257-E alleged that Respondent Los Angeles Unified School District violated the Educational Employment Relations Act by issuing Charging Party Ginger Rose Fox a Notice of Unsatisfactory Act (NOUA), eight-day suspension, and “below standard performance” rating on a Final Performance Evaluation, in retaliation for Fox’s protected activity. Arising from a different and subsequent set of facts, the complaint in Case No. LA-CE-6555-E alleged that the District retaliated against Fox for protected activity by issuing her an NOUA and 15-day suspension. The Division of Administrative Law consolidated the cases for hearing. After a formal hearing in the consolidated matter, the ALJ found a violation in Case No. LA-CE-6257-E and dismissed the allegations in Case No. LA-CE-6555-E. Fox filed exceptions to the proposed decision.
Disposition: In a non-precedential decision, the Board affirmed the ALJ’s factual findings while adjusting them in minor part. The Board affirmed in part and reversed in part the ALJ’s conclusion regarding the District’s affirmative defense in Case No. LA-CE-6555-E. While the Board concluded that the District proved it would have issued Fox an NOUA and suspension regardless of her protected activity, it found insufficient record evidence to determine what level of discipline the District would have imposed had the District not unlawfully disciplined Fox and unlawfully issued her a substandard evaluation as found in Case No. LA-CE-6257-E. The Board therefore remanded the matter for mediation, and, absent a settlement, for further proceedings on the discrete issue of what level of discipline the District would have issued to Fox had she not received the previous NOUA and eight-day suspension, i.e., whether progressive discipline would have applied.
Perc Vol: 49
Perc Index: 169
Decision Headnotes