Decision 1314H – Regents of the University of California (Coalition of University Employees)

LA-CE-522-H

Decision Date: February 1, 1999

Decision Type: PERB Decision

Description: Union appealed Board agent’s dismissal of unfair practice charge against the University alleging that it violated HEERA by withholding information and dismissing employee in retaliation for her protected activities.

Disposition: Dismissed. Union failed to state a prima facie  case.

 

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Perc Vol: 23
Perc Index: 30056

Decision Headnotes

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.14000 – Other/In General

Charge fails to state a prima facie case for violation of HEERA section 3571(a) where charge fails to allege any facts demonstrating that employee's protected activity motivated the University's conduct; p. 5, dismissal letter.

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.09000 – Participation in Board Process

Employee engaged in protected activity by filing a grievance challenging her layoff and by allowing herself to be the subject of two unfair practice charges; p. 8, dismissal letter.

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.05000 – Grievances

Employee engaged in protected activity by filing a grievance challenging her layoff and by allowing herself to be the subject of two unfair practice charge; p. 8, dismissal letter.

604.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION
604.01000 – In General

University did not fail or refuse to provide necessary and relevant information when it provided the requested information within 10 working days of the Union's request and Union could demonstrate no harm from delay; p. 4, dismissal letter. University did not fail or refuse to provide relevant and necessary information when it required an employee to execute a release before providing employee medical information to the Union; p. 4, dismissal letter.

604.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION
604.04000 – Confidentiality; Privacy

University did not fail or refuse to provide relevant and necessary information when it required an employee to execute a release before providing employee medical information to the Union; p. 4, dismissal letter.