Decision 1155S – State of California (Department of Corrections)

S-CE-796-S

Decision Date: June 11, 1996

Decision Type: PERB Decision

Description: State retaliated against employee in promotional exams for participation in protected conduct.

Disposition: Dismissed for failure to state a prima facie case.

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Perc Vol: 20
Perc Index: 27107

Decision Headnotes

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.04000 – Timing of Action

A time lapse of five years between employer adverse action and participation as a union steward does not lead to an inference of unlawful motive; p. 2, warning letter.