Decision 0805H – Trustees of the California State University (Statewide University Police Association)

S-CE-32-33-H

Decision Date: April 17, 1990

Decision Type: PERB Decision

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Perc Vol: 14
Perc Index: 21090

Decision Headnotes

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.13000 – Holding Union Office

Chairman of Association engaged in protected activity by filing grievances, representing bargaining unit members in their grievances, and conducting Association business on work time; p. 23.

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

Charging party must prove: (1) the employee engaged in protected activity; (2) the employer had knowledge of such protected activity; and (3) adverse action was taken against employee as a result of such protected activity; p. 22.

501.00000 – EMPLOYER DISCRIMINATION; DISCRIMINATION
501.02000 – Burden of Proof; Evidence

While employer may have had a legitimate operational purpose in taking disciplinary action against employee, employer's failure to present credible evidence resulted in Board finding violation; p. 29.

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.15000 – Other

Board found that employer unlawfully disciplined employee when it issued (1) a letter of reprimand; (2) a five-day suspension; and (3) a three-month suspension; p. 2.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.02000 – Disparate Treatment

Employer singled out employee in its investigation of sexual harassment charge; p. 24. Employee's performance under close scrutiny due to employee's position as chairman of Association and involvement with Association; p. 24.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.04000 – Timing of Action

Proximity of time exists as protected activity and discipline occurred during the same time period; p. 24.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.07000 – No reason or Inconsistent Reasons Given; Shifting Justifications

Inconsistent or contradictory explanations evident in sexual harassment allegations and policy regarding the conducting of Association business on work time; pp. 24-25.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.08000 – Cursory Investigation

Inadequate investigation evident where sexual harassment report failed to state any incidents of sexual harassment, but instead relied upon "atmospheric sexual harassment."; pp. 25-26. Inadequate investigation exists where there is no direct evidence to support report's conclusion; p. 26.

505.00000 – EMPLOYER DISCRIMINATION; DEFENSES
505.11000 – Legitimate Business Purpose/Business Necessity

Employer failed to prove legitimate operational purpose due to its failure to present credible evidence of insubordination, sexual harassment and employee's involvement in a sexual affair rumor; pp. 27-29.