Decision 1524M – County of San Joaquin (Health Care Services)
SA-CE-19-M
Decision Date: May 14, 2003
Decision Type: PERB Decision
Description: The Board found that that the County violated MMBA by retaliating against employee who was union organizer. Appeal pending.
Disposition: Violation found. Evidence established that employee would not have been issued a plan of corrective action but for his protected activities.
Perc Vol: 27
Perc Index: 74
Decision Headnotes
300.04000 – Individual/Concerted/Activities/Self-Representation
Doctor’s complaint protesting another doctor’s installation as department chair is protected as self representation under Section 3502; proposed dec., p. 23.
504.01000 – Prior Employer Unfair Practices; Prior History of Confrontation/Strife/Discord
Nexus demonstrated by decision to discipline employee for bad attitude because the attitude had been provoked by supervisors retaliatory investigation of employee; proposed dec., p. 29.
504.14000 – Other/In General
Nexus demonstrated by decision to discipline employee for bad attitude because the attitude had been provoked by supervisors retaliatory investigation of employee; proposed dec., p. 29.
1205.01000 – In General
Board found that an employee was issued a “plan of corrective action,” which was also sent to a national database for physicians, because of protected activities. Because the action would not have been taken but for the employee’s protected activity, County was ordered to rescind the plan and to notify the national database that the plan was improperly issued.
1205.08000 – Expunging Employee Personnel Files
Board found that an employee was issued a “plan of corrective action,” which was also sent to a national database for physicians, because of protected activities. Because the action would not have been taken but for the employee’s protected activity, County was ordered to rescind the plan and to notify the national database that the plan was improperly issued.
1205.10000 – Other Affirmative Relief
Board found that an employee was issued a “plan of corrective action,” which was also sent to a national database for physicians, because of protected activities. Because the action would not have been taken but for the employee’s protected activity, County was ordered to rescind the plan and to notify the national database that the plan was improperly issued. Board has broad powers to issue compensatory or “make whole” remedies in unfair practice proceedings. Where Board found that disciplinary charges would not have been brought against employee but for employee’s protected activities, Board ordered County to reimburse attorney’s fees incurred by employee defending himself against charges.