Decision 0459S – State of California (Department of Transportation)
LA-CE-91-S
Decision Date: December 12, 1984
Decision Type: PERB Decision
Perc Vol: 9
Perc Index: 16027
Decision Headnotes
504.02000 – Disparate Treatment
The absence of retaliatory action against other union adherents does not disapprove a prima facie showing of retaliation against complainant. A discriminatory motive, otherwise established, is not disapproved by an employer's proof that it did not weed out all union adherents.
102.02000 – Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes
PERB not obligated to defer to SPB decision [where collateral estoppel not required]. SPB holding that discipline warranted does not preclude contrary PERB decision. Although SPB found employee engaged in proscribed conduct for which he disciplined, PERB in mixed motive case finds that employee would not have been disciplined but for his union activity.
104.03000 – Conclusiveness of Prior Determination by Federal Agencies, Other State Agencies or Courts
PERB not obligated to defer to SPB decision [where collateral estoppel not required]. SPB holding that discipline warranted does not preclude contrary PERB decision. Although SPB found employee engaged in proscribed conduct for which he disciplined, PERB in mixed motive case finds that employee would not have been disciplined but for his union activity.
1405.01000 – In General
PERB not obligated to defer to SPB decision [where collateral estoppel not required]. SPB holding that discipline warranted does not preclude contrary PERB decision. Although SPB found employee engaged in proscribed conduct for which he disciplined, PERB in mixed motive case finds that employee would not have been disciplined but for his union activity. (See also PERB Decision No. 805b-H, review denied.)