Labor & Employment Law

Lack of evidence of a connection to a protected activity defeats improper practice claim

Lack of evidence of a connection to a protected activity defeats improper practice claim

Ronald Grassel and Board of Education of The City School District of The City of New York, PERB Decision U-27502, 9/24/08

The Board Public Employment Relations Board affirmed a decision of an ALJ dismissing a charge filed by Ronald Grassel alleging that the Board of Education had violated §209-a.1(a) of the Act by delaying his reinstatement following the withdrawal of disciplinary charges.

PERB found that although Grassel presented evidence demonstrating that he engaged in protected activity known to his employer, he failed to present sufficient proof establishing a causal connection between the protected activity and the delay in his reinstatement.

In addition, PERB affirmed the ALJ's decision to deny Grassel's motion to amend the charge and reopen the record.

Full post as published by New York Public Personnel Law on May 01, 2009 (boomark / email).