Headnote for 1738M, 503.12000 – Employee Benefits; Insurance, Pensions, Vacations, Holiday Leave, Etc. - California Public Employment Relations Board

EMPLOYER DISCRIMINATION; ADVERSE ACTIONS – Employee Benefits; Insurance, Pensions, Vacations, Holiday Leave, Etc.

Single Topic for Decision 1738M

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503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.12000 – Employee Benefits; Insurance, Pensions, Vacations, Holiday Leave, Etc.

Applying the Campbell Municipal Employees Assn. v. City of Campbell (1982) 131 Cal.App.3d 416 standard, the Board found the employer discriminated against employee by denying her a benefit based upon the fact that she was not an Association member. There was no dispute that the benefit opportunity in question, i.e., the opportunity to use pretax money to enroll in employee group dental and eye care plans, was objectively a good thing. If the benefit opportunity is a good thing, favorable enough to be an inducement, then being denied that opportunity is unfavorable and adverse. (p. 9 and adopting proposed decision at pp. 7-8.)