Decision 0423S – State of California (Department of Developmental Services)
LA-CE-132-S
Decision Date: October 24, 1984
Decision Type: PERB Decision
Perc Vol: 8
Perc Index: 15204
Decision Headnotes
608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.05000 – Past Practice; Maintenance of Status Quo
608.05000 – Past Practice; Maintenance of Status Quo
Employer requirement that employee obtain medical release before return to work not alleged to be departure from past practice. R.A. dismissal upheld.
501.00000 – EMPLOYER DISCRIMINATION; DISCRIMINATION
501.01000 – In General; Elements of Prima Facie Case
501.01000 – In General; Elements of Prima Facie Case
Allegation that charging party required to obtain medical release from doctor who had treated him before, fails to allege prima facie case of discrimination. Medical release requirements were imposed uniformly, regardless of employee participation in protected activities. R.A. dismissal upheld.