All notes for Subtopic 1205.08000 – Expunging Employee Personnel Files
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 2830Sa | State of California (State Water Resources Control Board) 1205.08000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Expunging Employee Personnel Files If an employer’s unfair practice during an investigatory interview is one material cause of eventual discipline, the proper remedy is to rescind the discipline, purge related records, and make the employee whole, typically while leaving open whether the employer may lawfully re-investigate any alleged misconduct or issue lesser discipline. (County of San Joaquin (Sheriff’s Department) (2018) PERB Decision No. 2619-M, p. 13 & fn. 13; Capistrano Unified School District (2015) PERB Decision No. 2440, pp. 45 & 47-53 (Capistrano).) The primary basis for proving that unfair practices in an investigatory interview materially caused discipline is to show that the discipline was based, at least in part, on information or admissions obtained in the interview, or on employee conduct during the interview. (Capistrano, supra, PERB Decision No. 2440, p. 47.) (p. 5.) more or view all topics or full text. | 47 | 160 | 05/02/23 |
| 2772M | County of Sonoma * * * VACATED IN PART by County of Sonoma (2023) PERB Decision No. 2772a-M * * * 1205.08000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Expunging Employee Personnel Files An unfair practice finding creates a presumption that employees suffered some financial loss as a result of the employer’s unlawful conduct. Consistent with the presumption, it is appropriate to give the Associations an opportunity to establish in compliance proceedings that any employees they represent suffered financial harm as a result of the application of any of the unlawfully adopted ballot measure amendments. Similarly, in compliance proceedings the Associations may present evidence that represented officers have been subject to discipline or had items placed in their personnel files as a result of the application of any of the unlawfully adopted ballot measure amendments. (p. 61.) more or view all topics or full text. | 46 | 8 | 06/23/21 |
| 2494M | City of Davis 1205.08000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Expunging Employee Personnel Files Employer ordered to rescind a performance improvement plan that was implemented without negotiating with exclusive representative. more or view all topics or full text. | 41 | 33 | 06/30/16 |
| 2440E | Capistrano Unified School District 1205.08000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Expunging Employee Personnel Files Make-whole relief, including expungement of discipline, may be appropriate for an employee who has been disciplined for misconduct occurring as a result of an unlawful investigatory interview, where a representative may have prevented or at least mitigated the employee’s misconduct. Because employer’s written reprimand referenced both protected and unprotected conduct, rather than re-write the employer’s reprimand, the Board ordered rescission and expungement of the entire document. more or view all topics or full text. | 40 | 24 | 06/30/15 |
| 1524M | County of San Joaquin (Health Care Services) 1205.08000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Expunging Employee Personnel Files Board found that an employee was issued a “plan of corrective action,” which was also sent to a national database for physicians, because of protected activities. Because the action would not have been taken but for the employee’s protected activity, County was ordered to rescind the plan and to notify the national database that the plan was improperly issued. more or view all topics or full text. | 27 | 74 | 05/14/03 |
| 1412E | Alisal Union Elementary School District * * * OVERRULED IN PART by County of Santa Clara (2017) PERB Decision No. 2539-M 1205.08000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Expunging Employee Personnel Files * * * OVERRULED IN PART ON OTHER GROUNDS by County of Santa Clara (2017) PERB Decision No. 2539-M. * * *Letter of reprimand based on protected activity should be removed from personnel file and destroyed. more or view all topics or full text. | 25 | 32007 | 10/10/00 |
| 1280E | Hacienda La Puente Unified School District 1205.08000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Expunging Employee Personnel Files Removal of materials from personnel file not appropriate where no indication of reprisal for protected activities. more or view all topics or full text. | 22 | 29149 | 08/27/98 |
| 1032S | California Union of Safety Employees (Coelho) 1205.08000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Expunging Employee Personnel Files The union is required to notify the employer and unit member that it is withdrawing the citizen's complaint filed against the unit member with his employer, remove any union records concerning the complaint, notify the unit member that this action has been taken and post a notice where such notices are customarily posted; pp. 18-19. more or view all topics or full text. | 18 | 25029 | 01/06/94 |
| 0893H | California State University, Long Beach (California State Employees Association) 1205.08000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Expunging Employee Personnel Files As there was no evidence that the letter of reprimand, counseling memoranda and/or suspensions were a product of the meetings, a purge order was inappropriate; p. 4. The fact that letter of reprimand and suspension were being challenged before the SPB does not preclude PERB from deciding whether these documents were a product of employee's request for representation during two meetings and should be purged from employee's personnel file; p. 3. more or view all topics or full text. | 15 | 22123 | 07/23/91 |
| 0885E | San Diego Unified School District 1205.08000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Expunging Employee Personnel Files Board does not enforce the Education Code, thus remedy deleting tainted documents from file unenforceable. more or view all topics or full text. | 15 | 22103 | 06/14/91 |
| 0628E | Woodland Joint Unified School District 1205.08000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Expunging Employee Personnel Files Removal of letters of reprimand, poor evaluation, other employee complaints and discriminatory directive; charging party to be permitted to view file. more or view all topics or full text. | 11 | 18121 | 06/30/87 |
| 0602E | Rancho Santiago Community College District 1205.08000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Expunging Employee Personnel Files Rescission of a notice of unprofessional conduct (Ed. Code sec. 87734) is appropriate remedy within PERB's broad remedial authority; pp. 15-16. more or view all topics or full text. | 11 | 18021 | 12/30/86 |
| 0224E | Mt. San Antonio Community College District 1205.08000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Expunging Employee Personnel Files Remedy of removal of reprimands from personnel files of employees unlawfully disciplined does not contravene Government Code section 6200. That section governs only material that was lawfully entered in file. Since it was unlawfully entered here, it is not unlawful to remove it. Removal is within Board's authority to fashion appropriate remedial orders; pp. 9-10. more or view all topics or full text. | 6 | 13163 | 06/30/82 |