Decision 0403H – Regents of the University of California (California State Employees Association)

SF-CE-145-H

Decision Date: September 6, 1984

Decision Type: PERB Decision

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Perc Vol: 8
Perc Index: 15161

Decision Headnotes

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.09000 – Participation in Board Process

Participating as a charging party and witness in PERB unfair practice hearing is protected conduct.

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.01000 – In General

Removal of employee's flexible work schedule is adverse action as change in work schedule detrimentally affected employee; p. 8.

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
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.

408.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS
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.

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

Change in work schedule shortly after participation in Board proceedings supports inference of unlawful motive; pp. 7-8.