Decision 0403H – Regents of the University of California (California State Employees Association)
Decision Date: September 6, 1984
Decision Type: PERB Decision
Perc Vol: 8
Perc Index: 15161
300.09000 – Participation in Board Process
Participating as a charging party and witness in PERB unfair practice hearing is protected conduct.
503.01000 – In General
Removal of employee's flexible work schedule is adverse action as change in work schedule detrimentally affected employee; p. 8.
503.11000 – Hours and Overtime, Work Schedules
Prima facie case is set out in employer's disparate change of charging party's work schedule close in time to her participation as plaintiff and witness in prior ULP case.
408.04000 – Highly Unusual Circumstances
Employee called to a meeting regarding job audit faced highly unusual circumstances when she was denied pre-interview audit forms and had her work schedule changed after requesting forms; pp. 9-10.
504.04000 – Timing of Action
Change in work schedule shortly after participation in Board proceedings supports inference of unlawful motive; pp. 7-8.