Decision 0551S – State of CA (Dept of Developmental Services)

S-CE-238-S

Decision Date: December 17, 1985

Decision Type: PERB Decision

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Perc Vol: 10
Perc Index: 17026

Decision Headnotes

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

Failure to allege sufficient protected activity or employer knowledge to establish nexus is fatal to discrimination charge; p. 2, dismissal letter; p. 3, warning letter. Membership in an employee organization and vague references to accomodation of others' protected activity is insufficient; p. 2, dismissal letter.

502.00000 – EMPLOYER DISCRIMINATION; PERSONS PROTECTED
502.05000 – Supervisors, Confidential and Management Personnel; Coercive Effect on Bargaining Unit Employees

Supervisors' rights under SEERA not enforcable through PERB's unfair practice jurisdiction; p. 2, warning letter. Charge fails to allege facts reflecting that discrimination against supervisor had any effect upon rights of nonsupervisors; p. 2, warning letter; p. 2, dismissal letter.