Decision 0378S – State of California (Department of Developmental Services, Napa State Hospital) (Matta)
SF-CE-20-S
Decision Date: February 15, 1984
Decision Type: PERB Decision
Perc Vol: 8
Perc Index: 15039
Decision Headnotes
1107.02000 – Weight Given to ALJ’s Proposed Decision: Findings, Conclusions, Credibility Resolutions
While Board will afford deference to ALJ's findings of fact which incorporated credibility determinations, Board is required to consider entire record; p. 2.
1105.14000 – Witnesses: Credibility, Cross Examination and Impeachment; Pretrial Statements
While Board will afford deference to ALJ's findings of fact which incorporate credibility determinations, Board is required to consider entire record; p. 2.
501.01000 – In General; Elements of Prima Facie Case
Charging party failed to establish nexus between protected conduct and adverse action, as record did not show unequal enforcement of any progressive discipline with respect to charging party's discharge.
501.02000 – Burden of Proof; Evidence
A party alleging violation of section 3519(a) has the burden of making a showing sufficient to support the inference that the protected conduct was a motivating factor in employer's decision to engage in the action about which the employee complains; p. 22, proposed dec.
504.12000 – Employer Statements or Conduct; Threats
Statements of supervisor considered in light of whole record did not support finding of animus; pp. 24-28.
504.08000 – Cursory Investigation
Nature of investigation did not support finding of unlawful motive; p. 28, proposed dec.
504.02000 – Disparate Treatment
No disparate treatment found where other employee received similar discipline and offense is a dischargeable one; pp. 28-32.
504.03000 – Departure from Past Practices or Procedures
No disparate treatment found where other employee received similar discipline and offense is a dischargeable one; pp. 28-32.
504.13000 – Unusually Harsh Treatment
Record did not show progressive discipline was the rule so lack thereof did not raise inference of unlawful motive; p. 32, proposed dec.