Decision 1159H – Regents of the University of California (Higgins)

SF-CE-430-H

Decision Date: June 18, 1996

Decision Type: PERB Decision

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Perc Vol: 20
Perc Index: 27112

Decision Headnotes

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.03000 – Departure from Past Practices or Procedures

The employer may investigate charging party's conduct pursuant to its rules as it would investigate the conduct of any other employee alleged to have engaged in misconduct; p. 2, warning letter. The charge fails to present facts which suggest that the employer departed from the rules established for the investigation of complaints alleging discrimination based on sex; p. 3, warning letter.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.05000 – Union Activity of Discriminatee

Charging party is not protected from an investigation by her employer merely because she is acting as a union steward; p. 2, warning letter.

505.00000 – EMPLOYER DISCRIMINATION; DEFENSES
505.03000 – Misconduct

The employer may investigate charging party's conduct pursuant to its rules as it would investigate the conduct of any other employee alleged to have engaged in misconduct; p. 2, warning letter.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.03000 – Regulations Considered (By Number) (Continued)

32620(b)(6). Under HEERA, the Board will defer to the contractual grievance and arbitration procedure only if arbitration is final and binding; p. 2, fn. 2.