Decision 0378S – State of CA (Dept of Developmental Services, Napa State Hospital) (Matta)

SF-CE-20-S

Decision Date: February 15, 1984

Decision Type: PERB Decision

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Perc Vol: 8
Perc Index: 15039

Decision Headnotes

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.02000 – Weight Given to ALJ’s Proposed Decision: Findings, Conclusions, Credibility Resolutions

While Board will afford deference to ALJ's findings of fact which incorporated credibility determinations, Board is required to consider entire record; p. 2.

1105.00000 – CASE PROCESSING PROCEDURES; EVIDENCE
1105.14000 – Witnesses: Credibility, Cross Examination and Impeachment; Pretrial Statements

While Board will afford deference to ALJ's findings of fact which incorporate credibility determinations, Board is required to consider entire record; p. 2.

501.00000 – EMPLOYER DISCRIMINATION; DISCRIMINATION
501.01000 – In General; Elements of Prima Facie Case

Charging party failed to establish nexus between protected conduct and adverse action, as record did not show unequal enforcement of any progressive discipline with respect to charging party's discharge.

501.00000 – EMPLOYER DISCRIMINATION; DISCRIMINATION
501.02000 – Burden of Proof; Evidence

A party alleging violation of section 3519(a) has the burden of making a showing sufficient to support the inference that the protected conduct was a motivating factor in employer's decision to engage in the action about which the employee complains; p. 22, proposed dec.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.12000 – Employer Statements or Conduct; Threats

Statements of supervisor considered in light of whole record did not support finding of animus; pp. 24-28.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.08000 – Cursory Investigation

Nature of investigation did not support finding of unlawful motive; p. 28, proposed dec.

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

No disparate treatment found where other employee received similar discipline and offense is a dischargeable one; pp. 28-32.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.03000 – Departure from Past Practices or Procedures

No disparate treatment found where other employee received similar discipline and offense is a dischargeable one; pp. 28-32.

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

Record did not show progressive discipline was the rule so lack thereof did not raise inference of unlawful motive; p. 32, proposed dec.