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

Single Topic for Decision 2106S


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

The charge does not demonstrate that the State took adverse action against union members when it provided non-union members with a lower cost dental benefit. No action was taken against union members that either imposed discipline or changed their terms and conditions of employment. Union members continued to receive the same dental benefits at the same employee contribution rate. There was no impact on the employees’ employment. The Board in City of San Diego (2005) PERB Decision No. 1738-M, held that the denial of a benefit opportunity was an adverse action. However, the San Diego Board erred in applying the Novato discrimination standard to find an adverse action. Accordingly, that portion of San Diego is overruled.