All notes for Subtopic 1205.08000 – Expunging Employee Personnel Files

DecisionDescriptionPERC Vol.PERC IndexDate
2494M City of Davis
1205.8000: 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.
413306/30/16
2440E Capistrano Unified School District
1205.8000: 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.
402406/30/15
1524M County of San Joaquin (Health Care Services)
1205.8000: 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.
277405/14/03
1412E Alisal Union Elementary School District * * * OVERRULED IN PART by County of Santa Clara (2017) PERB Decision No. 2539-M
1205.8000: REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS; Expunging Employee Personnel Files
Letter of reprimand based on protected activity should be removed from personnel file and destroyed. more or view all topics or full text.
253200710/10/00
1280E Hacienda La Puente Unified School District
1205.8000: 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.
222914908/27/98
1032S California Union of Safety Employees (Coelho)
1205.8000: 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.
182502901/06/94
0893H California State University, Long Beach (California State Employees Association)
1205.8000: 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.
152212307/23/91
0885E San Diego Unified School District
1205.8000: 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.
152210306/14/91
0628E Woodland Joint Unified School District
1205.8000: 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.
111812106/30/87
0602E Rancho Santiago Community College District
1205.8000: 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.
111802112/30/86
0224E Mt. San Antonio Community College District
1205.8000: 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.
61316306/30/82