All notes for Subtopic 504.05000 – Union Activity of Discriminatee

DecisionDescriptionPERC Vol.PERC IndexDate
2637S State of California (California Correctional Health Care Services) (Service Employees International Union Local 1000)
504.5000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Union Activity of Discriminatee
Union presented specific evidence of supervisor’s hostility towards employee’s union activity, namely her embittered response to employee during a discussion regarding after-hours union duties. (p. 15) more or view all topics or full text.
4316404/17/19
2637S State of California (California Correctional Health Care Services) (Service Employees International Union Local 1000)
504.5000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Union Activity of Discriminatee
Because it can be difficult to “show the true character” of an employer’s motivations, PERB has routinely relied on evidence of prior unfair practices, including events occurring before the six-month statute of limitations or outside the “four corners” of the charge, to determine whether a respondent acted for an unlawful motive. (p. 17) more or view all topics or full text.
4316404/17/19
2637S State of California (California Correctional Health Care Services) (Service Employees International Union Local 1000)
504.5000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Union Activity of Discriminatee
The Board will ascribe significant weight to evidence of prior demonstrations of antipathy towards union activists in attempting to identify the true motivation for an adverse action. (p. 17) more or view all topics or full text.
4316404/17/19
2605E * * * JUDICIAL APPEAL PENDING * * * Mount San Jacinto Community College District
504.5000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Union Activity of Discriminatee
Board considers nature of the employee’s outburst when evaluating whether an alleged threat of physical harm communicated in an e-mail, rather than in a face-to-face meeting with the employer, loses statutory protection. (p. 12.) more or view all topics or full text.
439212/12/18
2605E * * * JUDICIAL APPEAL PENDING * * * Mount San Jacinto Community College District
504.5000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Union Activity of Discriminatee
Where employee’s protected email was impetus for employer’s adverse action, employer did not meet its burden to prove that it would have taken same action in the absence of employee’s protected activity. (p. 20.) more or view all topics or full text.
439212/12/18
2612M County of Lassen
504.5000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Union Activity of Discriminatee
Employer unlawfully decided to terminate probationary employee, rather than temporarily reclassify her until she met established qualifications, after employee’s union intervened on her behalf. An employer need not always continue employing an employee who does not meet established qualifications. However, where there is a means to continue employing the employee, the employer may not refrain from doing so, nor cancel a plan to do so, merely because the employee’s union raises questions or otherwise seeks to represent the employee. Such conduct is quintessential retaliation for protected activity and interference with protected rights. (Regents of the University of California (UC Davis Medical Center) (2013) PERB Decision No. 2314-H, pp. 11, 14 [employer notified employee of his options regarding involuntary schedule change, employee sought union’s assistance, and employer then offered inferior options]; Berkeley Unified School District (2003) PERB Decision No. 1538, pp. 4-5 [even where employer had discretion whether to grant scheduling waivers to employees, it could not discontinue granting waivers in response to protected activity].)(p. 6.) An employer may not take adverse action merely because it is perplexed as to how to respond to a union’s advocacy. (p. 7.) more or view all topics or full text.
4310212/19/18
2453E Cabrillo Community College District
504.5000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Union Activity of Discriminatee
Along with suspicious timing, facts establishing one or more of the following factors must also be present for a prima facie case: (1) the employer’s disparate treatment of the employee (2) the employer’s departure from established procedures and standards when dealing with the employee; (3) the employer’s inconsistent or contradictory justifications for its actions; (4) the employer’s cursory investigation of the employee’s misconduct; (5) the employer’s failure to offer the employee justification at the time it took action or the offering of exaggerated, vague, or ambiguous reasons; (6) employer animosity towards union activists or employees engaged in protected conduct; or (7) any other facts that might demonstrate the employer’s unlawful motive. more or view all topics or full text.
405709/17/15
2349M Santa Clara Valley Water District
504.5000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Union Activity of Discriminatee
An employer’s decision to deny an employee’s request for reclassification was not based on the employee’s union activity where the decision maker had denied 18 of the last 20 requests for classification as part of a general policy of redistributing employee duties to achieve costs-savings rather than grant reclassifications. more or view all topics or full text.
389612/19/13
2121M Omnitrans
504.5000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Union Activity of Discriminatee
Admittedly taking adverse action against an employee because of the employee’s protected activity provides direct evidence of the employer’s unlawful motivation and is sufficient in itself to establish the required nexus between the employee’s protected activity and the employer’s adverse action. Prima facie case of retaliation established when employer fired employee in part for absences on days when employee was conducting union business. more or view all topics or full text.
3411006/25/10
1697H Trustees of the California State University
504.5000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Union Activity of Discriminatee
Cornelius did not state facts showing a nexus between her protected conduct (signing up for steward training) and the adverse actions (notice of termination and refusal to hire her for other positions). Rather, evidence shows that CSU approved her steward training and that Cornelius was terminated for misconduct.) more or view all topics or full text.
2826409/30/04
1674E Fresno County Office of Education
504.5000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Union Activity of Discriminatee
There was sufficient evidence of nexus through the timing of the transfers, the varying justifications given for the transfers, the suspect investigation and results of the “employee lounge incidents” reported by Nolt and Allison as witnesses, and management’s statements at staff assemblies denouncing union leadership. more or view all topics or full text.
2821908/19/04
I055M County of San Joaquin (Health Care Services)
504.5000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Union Activity of Discriminatee
Injunctive relief granted where Board found reasonable cause to believe that employer suspended employee because he was union’s primary organizer. Timing of employee’s suspension during election period coupled with employer’s vague and ambiguous justifications for suspension established the nexus required for a prima facie case. more or view all topics or full text.
253210909/05/01
1469E Los Angeles Unified School District
504.5000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Union Activity of Discriminatee
Employees tenure as union site's chapter chair, filing of previous unfair practice charge and various discussions with principal on behalf of fellow teachers sufficient to establish protected activity. more or view all topics or full text.
263302311/29/01
1413S State of California (Department of Social Services)
504.5000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Union Activity of Discriminatee
Review of circumstances to be examined in determining whether nexus was present, provided insufficient evidence to support a charge that Clayton's dismissal was the result of his protected activities; pp. 10-15, proposed dec. more or view all topics or full text.
253200810/19/00
1159H Regents of the University of California (Higgins)
504.5000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Union Activity of Discriminatee
Charging party is not protected from an investigation by her employer merely because she is acting as a union steward; p. 2, warning letter. more or view all topics or full text.
202711206/18/96
1087H Regents of the University of California (Costa)
504.5000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Union Activity of Discriminatee
Complaints over procedures for the use of time clocks over a two year time in which Department manager stated was an issue that was "a thorn in his side" and timing of the decision and implementation of the charging party's layoff demonstrated an inference of unlawful motive; pp. 10-11, proposed dec. more or view all topics or full text.
192606503/01/95
1945E Journey Charter School * * * VACATED by Journey Charter School (2009) PERB Decision No. 1945a
504.5000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Union Activity of Discriminatee
One of the factors that can be used to establish nexus is employer animosity towards a union activist. A charter school was aware of the teachers’ union organizing effort, but there is no evidence that it ever tried to frustrate, thwart or discourage their attempt. Three teachers engaged in protected conduct when they sought the assistance of the Association and decided to join the union. The Board found that a charter school did not to renew teachers’ contracts due to the contents of a letter they distributed rather than the teachers’ attempt at union organization. There was insufficient evidence to show a charter school was unlawfully motivated to discriminate against three teachers because of their expressed intent to form and join a union. Accordingly, the Board concluded the Association did not sustain its burden of proof that the charter school discriminated or retaliated against three teachers for their participation in protected activity. more or view all topics or full text.
324502/28/08
0368E San Diego Community College District
504.5000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Union Activity of Discriminatee
An inference of unlawful motivation is raised by evidence of board knowledge of protected activity, threatening statements of District administrator following speech, proximity in time, belated justification and disparate treatment; pp. 19, 21. more or view all topics or full text.
81500912/22/83
0104E Santa Clara Unified School District
504.5000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Union Activity of Discriminatee
Discrimination found where teacher-applicant sought union advice regarding part-time position and subsequently was denied position; pp. 15-16. more or view all topics or full text.
31012409/26/79