Decision 1373S – State of California (Department of Corrections)

SF-CE-165-S

Decision Date: February 28, 2000

Decision Type: PERB Decision

Description: Employee appealed Board agent’s dismissal of charge alleging that Department violated the Dills Act when it Imposed reprisals against employee.

Disposition: Dismissed. Charge failed to establish a prima facie case of violation of Dills Act.

View Full Text (PDF)

Perc Vol: 24
Perc Index: 31058

Decision Headnotes

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

The charge fails to demonstrate the necessary "nexus" factors; although some evidence of timing can be inferred, it is extremely weak. The charge mentions no specific activities that occurred in close temporal proximity to recuperating overpayments.

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

The charge fails to demonstrate the necessary "nexus" factors; although some evidence of timing can be inferred, it is extremely weak. The charge mentions no specific activities that occurred in close temporal proximity to the recuperating overpayments.