Decision 1649M – County of San Joaquin (Health Care Services)
SA-CE-64-M
Decision Date: June 29, 2004
Decision Type: PERB Decision
Description: Union alleged that county violated MMBA by discriminating against physician for protected activities. Board adopted proposed decision finding that physician would have been terminated even absent protected activities.
Disposition: Board dismissed charge and complaint.
Perc Vol: 28
Perc Index: 187
Decision Headnotes
503.03000 – Warning Letters, Reprimands, Evaluations
Despite evidence of unlawful animus, the Board found that physician would have been terminated even absent protected activities because of inappropriate remarks made to patients and other employees.
505.07000 – Offensive Personal Characteristics
Despite evidence of unlawful animus, the Board found that physician would have been terminated even absent protected activities because of inappropriate remarks made to patients and other employees.
1105.06000 – Hearsay
Hearsay evidence was properly admitted where it was corroborated by admissible evidence and/or the ALJ properly applied exceptions to the hearsay rule. Furthermore, to the extent the disputed evidence was not admitted for the truth of the matter asserted, it is not hearsay.
1405.01000 – In General
Board may take notice of prior decision involving same parties. However, each separate unfair practice complaint must be decided on the merit of its own record.
1405.02000 – Type or Nature of Prior Proceeding
Board may take notice of prior decision involving same parties. However, each separate unfair practice complaint must be decided on the merit of its own record.