Decision 0145E – Marin Community College District
Decision Date: November 19, 1980
Decision Type: PERB Decision
Perc Vol: 4
Perc Index: 11198
504.07000 – No reason or Inconsistent Reasons Given; Shifting Justifications
Employer's refusal to discuss incident allegedly causing discipline is evidence of anti-union motivation.
504.02000 – Disparate Treatment
Evidence of unlawful motivation found where highly visible union activist discipline for engaging in same conduct as less visible unionist who was not disciplined.
504.01000 – Prior Employer Unfair Practices; Prior History of Confrontation/Strife/Discord
Supervisor's prior history of antipathy towards union activist is evidence of anti-union motivation.
503.07000 – Discharge; Layoffs; Constructive Discharge; Rejection During Probation
Constructive discharge not applicable where employee leaves a job temporarily because of employer's unlawful conduct. Doctrine applies only where employee quits the job.
501.02000 – Burden of Proof; Evidence
The illegal purpose harbored by the discriminating employer may be inferred from the circumstances surrounding the discipline or discharge. These may include anti-union animus exhibited by the employer or its agents; the pretextural nature of the osentible justification for the employer's action; or other failure to establish a business justification.
408.03000 – Investigatory Interviews
Employer interfered with protected rights by reprimanding employee who refused to attend investigatory interview without union representative.
401.05000 – Union Activity During Nonworking Time or in Nonworking Areas
Employer prohibition against solicitation by employee organization during rest and coffee breaks is presumptively invalid. Employer did not offer adequate justification to rebut the presumption.