Decision 0299H – Regents of the University of California (University of California San Diego)

LA-CE-13-H

Decision Date: March 30, 1983

Decision Type: PERB Decision

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Perc Vol: 7
Perc Index: 14118

Decision Headnotes

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.04000 – Timing of Action

Under Novato test, charging party demonstrated motive by the timing, respondent's documentation of his activites coupled with respondent's failure to show charging party or counsel him regarding the recorded incidents; p. 14.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.14000 – Other/In General

Under Novato test, charging party demonstrated motive by the timing, respondent's documentation of his activities coupled with respondent's failure to show charging party or counsel him regarding the recorded incidents; p. 14.

505.00000 – EMPLOYER DISCRIMINATION; DEFENSES
505.01000 – In General

Under Novato, respondent met its burden that charging party would have been fired for insubordination even in the absence of his protected conduct; p. 17.

505.00000 – EMPLOYER DISCRIMINATION; DEFENSES
505.03000 – Misconduct

Under Novato, respondent met its burden that charging party would have been fired for insubordination even in the absence of his protected conduct; p. 17.