Decision 1579S – State of California (Department of Corrections) * * * VACATED by State of California (Department of Corrections (2006) PERB Decision No. 1826-S

LA-CE-599-S

Decision Date: December 31, 2003

Decision Type: PERB Decision

 * * * VACATED by State of California (Department of Corrections (2006) PERB Decision No. 1826-S * * *

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Perc Vol: 28
Perc Index: 47

Decision Headnotes

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.01000 – In General

Vacated by PERB Decision No. 1826-S. Charging party, a peace officer, alleged that employer-initiated criminal and administrative investigations constitute adverse actions. To determine whether adverse action is established, the Board uses an objective test and does not rely upon the subjective reactions of employees. Here, employer accused charging party of fraud. As a peace officer, charging party is held to a higher standard of conduct. Honesty and credibility are crucial to the proper performance of a peace officer’s duties and dishonesty is generally never tolerated. A trier of fact could easily conclude that charging party’s career was damaged by the mere initiation of a criminal investigation for fraud.

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.15000 – Other

Vacated by PERB Decision No. 1826-S. Charging party, a peace officer, alleged that employer-initiated criminal and administrative investigations constitute adverse actions. To determine whether adverse action is established, the Board uses an objective test and does not rely upon the subjective reactions of employees. Here, employer accused charging party of fraud. As a peace officer, charging party is held to a higher standard of conduct. Honesty and credibility are crucial to the proper performance of a peace officer’s duties and dishonesty is generally never tolerated. A trier of fact could easily conclude that charging party’s career was damaged by the mere initiation of a criminal investigation for fraud.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.01000 – Prior Employer Unfair Practices; Prior History of Confrontation/Strife/Discord

Vacated by PERB Decision No. 1826-S. Unlawful animus may be imputed where an employment action is taken, even innocently, based on inaccurate or biased information.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.01000 – In General/Prima Facie Case

Vacated by PERB Decision No. 1826-S. Charging party’s burden at the initial stage is only to establish a prima facie case. Establishing a prima facie case does not require charging party to refute an employer’s proffered defense to establish a prima facie case. The legitimacy of the employer’s proffered defense is not part of the charging party’s prima facie case.