Decision 0641H – California State University, Long Beach

LA-CE-130-H

Decision Date: December 11, 1987

Decision Type: PERB Decision

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Perc Vol: 12
Perc Index: 19006

Decision Headnotes

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
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.

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
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.

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
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.

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
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.

1105.00000 – CASE PROCESSING PROCEDURES; EVIDENCE
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).

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
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.

505.00000 – EMPLOYER DISCRIMINATION; DEFENSES
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.

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
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.

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
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.

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
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.

505.00000 – EMPLOYER DISCRIMINATION; DEFENSES
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.

505.00000 – EMPLOYER DISCRIMINATION; DEFENSES
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.