Decision 0641H – California State University, Long Beach
LA-CE-130-H
Decision Date: December 11, 1987
Decision Type: PERB Decision
Perc Vol: 12
Perc Index: 19006
Decision Headnotes
300.05000 – Grievances
Filing grievances and requesting the assistance and presence of a union representative at meetings between the employee and his/her superiors about working conditions (work assignments and duties) constitute protected activity.
503.03000 – Warning Letters, Reprimands, Evaluations
Adverse actions (denial of merit salary adjustment, bad evaluation, refusal to alter work assignment, and imposition of involuntary disability leave) against an employee were taken because of dissatisfaction with her (employee's) work, displeasure with her resistance to accepting directions and criticism from supervisors, and the desire of the supervisors to conduct the program according to their own judgments. Adverse actions were not due to Charging Party invoking aid of union.
300.12000 – Insistence on Union Representation
Filing grievances and requesting the assistance and presence of a union representative at meetings between the employee and his/her superiors about working conditions (work assignments and duties) constitute protected activity.
300.17000 – Other
Merely including a union representative's name among recipients of "carbon copies" of correspondence authored by an employee does not, without more, constitute protected conduct. Protected status of such depends on the context and must be resolved on a case-by-case basis.
1105.11000 – Books and Records; Inspection; Documentary Evidence; Tape Recordings; Best Evidence
Submission of memoranda previously authored by the Charging Party in response to criticisms from her superiors is hearsay and insufficient, by itself, to establish that the Charging Party's version is true (PERB Regulation 32176).
503.14000 – Involuntary Leaves
Adverse actions (denial of merit salary adjustment, bad evaluation, refusal to alter work assignment, and imposition of involuntary disability leave) against an employee were taken because of dissatisfaction with her (employee's) work, displeasure with her resistance to accepting directions and criticism from supervisors, and the desire of the supervisors to conduct the program according to their own judgments. Adverse actions were not due to Charging Party invoking aid of union.
505.07000 – Offensive Personal Characteristics
Adverse actions against an employee due to dissatisfaction with her work, displeasure with her resistance to accepting supervisorial directions and criticism, and desire of supervisors to conduct the operation according to their own judgment. Adverse actions not due to employee's invoking aid of union.
503.05000 – Transfer, Promotion, or Demotion; Work Assignments and Opportunities
Adverse actions (denial of merit salary adjustment, bad evaluation, refusal to alter work assignment, and imposition of involuntary disability leave) against an employee were taken because of dissatisfaction with her (employee's) work, displeasure with her resistance to accepting directions and criticism from supervisors, and the desire of the supervisors to conduct the program according to their own judgments. Adverse actions were not due to Charging Party invoking aid of union.
503.09000 – Merit Rating
Adverse actions (denial of merit salary adjustment, bad evaluation, refusal to alter work assignment, and imposition of involuntary disability leave) against an employee were taken because of dissatisfaction with her (employee's) work, displeasure with her resistance to accepting directions and criticism from supervisors, and the desire of the supervisors to conduct the program according to their own judgments. Adverse actions were not due to Charging Party invoking aid of union.
503.10000 – Wages, Bonuses, Incentives; Severance Pay
Adverse actions (denial of merit salary adjustment, bad evaluation, refusal to alter work assignment, and imposition of involuntary disability leave) against an employee were taken because of dissatisfaction with her (employee's) work, displeasure with her resistance to accepting directions and criticism from supervisors, and the desire of the supervisors to conduct the program according to their own judgments. Adverse actions were not due to Charging Party invoking aid of union.
505.03000 – Misconduct
Adverse actions against an employee due to dissatisfaction with her work, displeasure with her resistance to accepting supervisorial directions and criticism, and desire of supervisors to conduct the operation according to their own judgment. Adverse actions not due to employee's invoking aid of union.
505.06000 – Inefficiency or Incompetence
Adverse actions against an employee due to dissatisfaction with her work, displeasure with her resistance to accepting supervisorial directions and criticism, and desire of supervisors to conduct the operation according to their own judgment. Adverse actions not due to employee's invoking aid of union.