Decision 2911S – State of California (California Correctional Health Care Services)
SF-CE-299-S
Decision Date: July 19, 2024
Decision Type: PERB Decision (Non-Precedential)
Description: PERB issued a complaint alleging that Respondent California Correctional Health Care Services (CCHCS) violated Dills Act section 3519, subdivision (a) by retaliating against Charging Party Kevin M. Healy for protected activities including, (1) filing and prosecuting two unfair practice charges before PERB; and (2) representing a State employee in a health and safety matter on behalf of Service Employees International Union, Local 1000 (SEIU), a recognized employee organization at CCHCS. In the proposed decision, the ALJ concluded that Healy established a prima facie case of retaliation by CCHCS when management denied his hire above the minimum (HAM) request. However, the ALJ further determined that CCHCS sufficiently established the affirmative defense of a nondiscriminatory justification for denial of the HAM. Accordingly, the ALJ dismissed the complaint.
Disposition: In a non-precedential decision, the Board affirmed the ALJ’s proposed decision and dismissed the complaint and underlying unfair practice charge.
Perc Vol: 49
Perc Index: 34
Decision Headnotes