Decision 1641M – City of Milpitas

SF-CE-6-M

Decision Date: June 14, 2004

Decision Type: PERB Decision

Description:  Charge alleged that city violated MMBA by discriminating against charging party for protected activities.  Board adopted proposed decision finding that charging party failed to establish required nexus.

Disposition:  Board dismissed charge and complaint.

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Perc Vol: 28
Perc Index: 175

Decision Headnotes

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

Charging party’s history of filing complaints some of which were denied does not warrant an inference of discrimination where there was no evidence of ongoing conspiracy and employer had credible explanation for alleged disparate treatment.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.02000 – Disparate Treatment

Charging party’s history of filing complaints some of which were denied does not warrant an inference of discrimination where there was no evidence of ongoing conspiracy and employer had credible explanation for alleged disparate treatment.