Decision 1087H – Regents of the University of California (Costa)
SF-CE-374-H
Decision Date: March 1, 1995
Decision Type: PERB Decision
Description: UC discriminated against employee for his exercise of protected activity.
Disposition: Dismissed. No violation found.
Perc Vol: 19
Perc Index: 26065
Decision Headnotes
501.01000 – In General; Elements of Prima Facie Case
In order to prevail on a retaliatory adverse action charge, the charging party must establish that the employee was engaged in protected activity, the activities were known to the employer, and that the employer took adverse action because of such activity; p. 8, proposed dec.
504.01000 – Prior Employer Unfair Practices; Prior History of Confrontation/Strife/Discord
Although timing of adverse action alone is sufficient to justify an inference of unlawful motivation it, may when coupled with other factors, constitute a basis for such conclusion.
504.04000 – Timing of Action
Complaints over procedures for the use of time clocks over a two year time in which Department manager stated was an issue that was "a thorn in his side" and timing of the decision and implementation of the charging party's layoff demonstrated an inference of unlawful motive; pp. 10-11, proposed dec.
504.05000 – Union Activity of Discriminatee
Complaints over procedures for the use of time clocks over a two year time in which Department manager stated was an issue that was "a thorn in his side" and timing of the decision and implementation of the charging party's layoff demonstrated an inference of unlawful motive; pp. 10-11, proposed dec.
505.11000 – Legitimate Business Purpose/Business Necessity
A drastic fiscal shortfall necessitating a reduction in staff demonstrated a legitimate business purpose to lay off the most expendable position; p. 11, proposed dec.