Decision 0805H – Trustees of the California State University (Statewide University Police Association)
Decision Date: April 17, 1990
Decision Type: PERB Decision
Perc Vol: 14
Perc Index: 21090
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.
501.01000 – 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.
501.02000 – 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.
503.15000 – 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.
504.02000 – 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.
504.04000 – Timing of Action
Proximity of time exists as protected activity and discipline occurred during the same time period; p. 24.
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.
504.08000 – 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.
505.11000 – 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.