Decision 1649M – County of San Joaquin (Health Care Services)

SA-CE-64-M

Decision Date: June 29, 2004

Decision Type: PERB Decision

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Perc Vol: 28
Perc Index: 187

Decision Headnotes

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
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.

505.00000 – EMPLOYER DISCRIMINATION; DEFENSES
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.

1105.00000 – CASE PROCESSING PROCEDURES; EVIDENCE
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.

1405.00000 – GENERAL LEGAL PRINCIPLES; COLLATERAL ESTOPPEL; RES JUDICATA
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.

1405.00000 – GENERAL LEGAL PRINCIPLES; COLLATERAL ESTOPPEL; RES JUDICATA
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.