Decision 1524M – County of San Joaquin (Health Care Services)

SA-CE-19-M

Decision Date: May 14, 2003

Decision Type: PERB Decision

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Perc Vol: 27
Perc Index: 74

Decision Headnotes

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
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.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
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.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
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.

1205.00000 – REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS
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.

1205.00000 – REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS
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.

1205.00000 – REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS
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.