Decision 0117E – Grossmont Community College District
LA-CE-196
Decision Date: March 19, 1980
Decision Type: PERB Decision
Perc Vol: 4
Perc Index: 11043
Decision Headnotes
401.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS
401.01000 – In General; Prima Facie Case.
401.01000 – In General; Prima Facie Case.
No prima facie case for interference or discrimination where Union fails to show employees engaged in protected activity which resulted resulted in their non-reelection; pp. 5-6, proposed dec.
501.00000 – EMPLOYER DISCRIMINATION; DISCRIMINATION
501.01000 – In General; Elements of Prima Facie Case
501.01000 – In General; Elements of Prima Facie Case
No prima facie case for interference or discrimination where Union fails to show employees engaged in protected activity which resulted in their non-reelection; pp. 5-6, proposed dec.
1105.00000 – CASE PROCESSING PROCEDURES; EVIDENCE
1105.03000 – Burden of Proof; Weight of Evidence; Presumptions and Inferences; Affirmative Defenses
1105.03000 – Burden of Proof; Weight of Evidence; Presumptions and Inferences; Affirmative Defenses
Although the charging party has the initial burden of showing a nexus between a protected right and the employer's actions, it does not have the burden of going forward with evidence at the outset of its case that would overcome affirmative defenses; pp. 3-4.