Decision 0261E – San Joaquin Delta Community College District

S-CE-360

Decision Date: November 30, 1982

Decision Type: PERB Decision

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Perc Vol: 7
Perc Index: 14011

Decision Headnotes

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.06000 – Meritorious or Satisfactory Work Record; Prior Promotion or Wage Increase

Meritorious or satisfactory work record - In evaluating reasonableness of discipline of union activist, it is important to note employer's unblemished record during employment; p. 7.

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.05000 – Transfer, Promotion, or Demotion; Work Assignments and Opportunities

Employer's transfer of career campus police officer to grounds crew constituted adverse action, despite fact that individual suffered no loss in pay; p. 7.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.02000 – Disparate Treatment

Employer's disciplining of union activist in a more severe manner than others accused of same or similar misconduct constituted evidence of employer's unlawful motivation; pp. 8-9.

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.06000 – Blacklisting; Hire; Refusal to Recommend

In evaluating reasonableness of discipline of union activist, it is important to note employee's unblemished record during employment; p. 7.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.13000 – Unusually Harsh Treatment

Discipline that is "extremely severe," in light of the employee's alleged misconduct is evidence of employer's unlawful motivation; p.7


504.14000 – Other/In General

Employer's unsubstantiated allegations for discipline imposed is evidence of its unlawful motivation; p. 7.