Decision 0559H – California State University (San Francisco)
SF-CE-151, 166, 171-H
Decision Date: January 3, 1986
Decision Type: PERB Decision
Perc Vol: 10
Perc Index: 17043
Decision Headnotes
504.04000 – Timing of Action
Timing alone too attenuated, no other evidence of nexus established.
1107.02000 – Weight Given to ALJ’s Proposed Decision: Findings, Conclusions, Credibility Resolutions
Board rejects ALJ's credibility determination based on conflicting testimony where Board found no such conflict.
300.05000 – Grievances
Filing of grievance under collective bargaining agreement clearly a protected right.
501.01000 – In General; Elements of Prima Facie Case
Reiteration of Novato standards; only those protected activities employer had knowledge of are properly considered.
501.02000 – Burden of Proof; Evidence
Burden does not shift if charging party fails to establish prima facie case.
502.04000 – Temporary, Extra, Part-Time, Casual, Seasonal, Intermittent or Probationary Employees
Not proven that probationary employees rejected due to unlawful motive.
503.07000 – Discharge; Layoffs; Constructive Discharge; Rejection During Probation
Not proven that probationary employees rejected due to unlawful motive.
504.03000 – Departure from Past Practices or Procedures
Department head did not follow standard University procedures, but followed his own procedure consistently.