Decision 1087H – Regents of the University of California (Costa)

SF-CE-374-H

Decision Date: March 1, 1995

Decision Type: PERB Decision

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Perc Vol: 19
Perc Index: 26065

Decision Headnotes

501.00000 – EMPLOYER DISCRIMINATION; DISCRIMINATION
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.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
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.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
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.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
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.

505.00000 – EMPLOYER DISCRIMINATION; DEFENSES
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.