Decision 1063S – State of California (Department of General Services) (Strickland)

S-CE-631-633, 635-636-S

Decision Date: October 27, 1994

Decision Type: PERB Decision

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Perc Vol: 19
Perc Index: 26003

Decision Headnotes

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.05000 – Grievances

Filing grivances regarding overtime, complaints of retaliatory transfers, disputes over confidentiality of home telephone numbers and pay warrants, etc., are clearly protected; p. 25, proposed dec.

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.16000 – Appeals to Other Agencies/Filing of Court Actions

Although many of the charging party's complaints, such as those filed with the State Personnel Board, Attorney General, Los Angeles District Attorney, etc., might not be protected by the Dills Act, much other activity, such as filing health and safety complaints, grievances regarding overtime, complaints of retaliatory transfers, disputes over confidentiality of home telephone numbers and pay warrants, etc., are clearly protected; p. 25, proposed dec.

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.17000 – Other

While it may be protected for the charging party to advocate the removal of the Chief Engineer I (CE I) classification from the bargaining unit, his stated intention to proceed with a civil tort action regarding CE I involvement on the interview panel and his refusal to take direction from a CE I, are not protected by the Dills Act; p. 27, proposed dec.

502.00000 – EMPLOYER DISCRIMINATION; PERSONS PROTECTED
502.01000 – In General

It is not improper for bargaining unit members to participate on interview panels or to oversee the work assignments, to some degree, of other bargaining unit employees; p. 26, proposed dec.

505.00000 – EMPLOYER DISCRIMINATION; DEFENSES
505.07000 – Offensive Personal Characteristics

Even if charging party's technical skills, experience, education, flexibility and dependability had been far superior to the other candidate, the employer could legitimately have rejected charging party based solely upon his lack of interpersonal skills and his erratic and abusive behavior. An applicant has no right to expect that a history of abusive behavior will be disregarded simply because the offensive behavior may have, on occasion, occurred in pursuit of legitimate and possibly protected issues; p. 30, proposed dec.

1309.00000 – REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200)
1309.13000 – Supervisors

It is not improper for bargaining unit members to participate on interview panels or to oversee the work assignments, to some degree, of other bargaining unit employees; p. 26, proposed dec.