Decision 0949H – Regents of the University of California (Einheber)
SF-CE-322-H
Decision Date: August 13, 1992
Decision Type: PERB Decision
Perc Vol: 16
Perc Index: 23133
Decision Headnotes
300.01000 – In General
Employee who speaks critically of department management and goes to some effort to organize other employees to give similar feedback has engaged in protected conduct.
300.04000 – Individual/Concerted/Activities/Self-Representation
Employee who speaks critically of department management and goes to some effort to organize other employees to give similar feedback has engaged in protected conduct.
300.06000 – Demands for Change in Working Conditions
Employee who speaks critically of department management and goes to some effort to organize other employees to give similar feedback has engaged in protected conduct.
501.01000 – In General; Elements of Prima Facie Case
Charging party must satisfy the elements of the Novato test in order to state a prima facie case of discrimination; p. 6, proposed dec.
503.07000 – Discharge; Layoffs; Constructive Discharge; Rejection During Probation
Discharge is adverse action; p. 7, proposed dec.
504.02000 – Disparate Treatment
No evidence that charging party's dismissal constituted disparate treatment compared to that received by other employees for similar cases involving potential criminal activity or actions which put the department's reputation in jeopardy; p. 8, proposed dec. No evidence that charging party, or other employees engaged in similar protected activity, were retaliated against for their participation; p. 9, proposed dec.