Decision 1664M – City and County of San Francisco
SF-CE-22-M
Decision Date: July 27, 2004
Decision Type: PERB Decision
Description: Local 790 alleged that the city discriminated against a union steward for engaging in protected activity, and interfered with her rights as an employee by, among other things, involuntarily transferring her to a different department. Local 790 also alleged that the city reorganized and relocated work units without notice or opportunity to bargain.
Disposition: The Board dismissed the charge. The actions taken regarding the union steward did not constitute adverse actions. The steward was transferred because of lack of work in her department. Local 790 did not show how the reorganization affected terms and conditions of employment.
Perc Vol: 28
Perc Index: 231
Decision Headnotes
100.02000 – Retroactive Application
Although most of the events occurred before July 1, 2001, the Board has authority to adjudicate this charge under the MMBA.
300.01000 – In General
Poon engaged in protected activity by her status as job steward and chapter president as well as leave time used to participate in union activities.
300.04000 – Individual/Concerted/Activities/Self-Representation
Poon engaged in protected activity by her status as job steward and chapter president as well as leave time used to participate in union activities
300.13000 – Holding Union Office
Poon engaged in protected activity by her status as job steward and chapter president as well as leave time used to participate in union activities.
401.01000 – In General; Prima Facie Case.
Although Poon stated a prima facie case of interference, the City contended that her involuntary transfer was due to lack of work in her department. Local 790 was advised of this response in the warning letter but did not file an amended charge to dispute this fact and so did not refute the employer’s claim of legitimate business reasons for its action.
401.09000 – Mail Systems
Local 790 has not cited authority to support its allegation that it is unlawful for the City to insist on mailing grievance responses to Local 790’s address and not to Poon’s work address and so no interference is found here.
409.01000 – Business Necessity
Although Poon stated a prima facie case of interference, the City contended that her involuntary transfer was due to lack of work in her department. Local 790 was advised of this response in the warning letter but did not file an amended charge to dispute this fact and so did not refute the employer’s claim of legitimate business reasons for its action.
503.01000 – In General
The charge did not allege sufficient information to show that the City’s conduct of involuntary transfer, failure to invite to meetings, order to cease outside correspondence, and order to provide schedule, comprises adverse action since it must involve actual and not merely speculative harm. The inquiry is whether a reasonable person under the same circumstances would consider the action to have an adverse impact on the employee’s employment.
503.05000 – Transfer, Promotion, or Demotion; Work Assignments and Opportunities
The charge did not allege sufficient information to show that the City’s conduct of involuntary transfer, failure to invite to meetings, order to cease outside correspondence, and order to provide schedule, comprises adverse action since it must involve actual and not merely speculative harm. The inquiry is whether a reasonable person under the same circumstances would consider the action to have an adverse impact on the employee’s employment.
601.04000 – When Duty Arises/Sufficiency of Bargaining Demand
Local 790 did not provide any specifics on how the City’s reorganization and relocation of work units impacted terms and conditions of employment or of any attempts to demand bargaining over the impacts. Therefore, the Board dismissed these claims of unilateral change.
602.05000 – Impact and Extent
Local 790 did not provide any specifics on how the City’s reorganization and relocation of work units impacted terms and conditions of employment or of any attempts to demand bargaining over the impacts. Therefore, the Board dismissed these claims of unilateral change.
1000.02164 – Other
Local 790 did not provide any specifics on how the City’s reorganization and relocation of work units impacted terms and conditions of employment or of any attempts to demand bargaining over the impacts. Therefore, the Board dismissed these claims of unilateral change.
1000.02124 – Safety of Employees
With regard to the labor/management health and safety committee, Local 790 was advised in the warning letter of the City’s contentions that it invited unions, including Local 790, to discuss the development of the committee, that a proposed structure was ultimately submitted to unions for review, and that Local 790 did not attend a meeting about the committee or provide feedback on the proposed committee structure. Local 790 did not file an amended charge to refute these facts so that this claim of unilateral change was dismissed.
1100.08000 – Pleading Requirements
Local 790 did not allege a date for which the City issued a directive that a job steward must be available to employees during an investigation. This allegation did not specify the facts alleged to constitute an unfair practice under PERB Regulation 32615(a)(5). Although it did not provide this information in an amended charge, Local 790 alleged a time element on appeal but did not allege facts to show good cause to add the information at this stage of the proceedings. Therefore, under PERB Regulation 32635(b), the allegation is dismissed.
1101.01000 – In General
Local 790 did not allege a date for which the City issued a directive that a job steward must be available to employees during an investigation. This allegation did not specify the facts alleged to constitute an unfair practice under PERB Regulation 32615(a)(5). Although it did not provide this information in an amended charge, Local 790 alleged a time element on appeal but did not allege facts to show good cause to add the information at this stage of the proceedings. Therefore, under PERB Regulation 32635(b), the allegation is dismissed.
1107.04000 – Unalleged Violations
Local 790 did not allege a date for which the City issued a directive that a job steward must be available to employees during an investigation. This allegation did not specify the facts alleged to constitute an unfair practice under PERB Regulation 32615(a)(5). Although it did not provide this information in an amended charge, Local 790 alleged a time element on appeal but did not allege facts to show good cause to add the information at this stage of the proceedings. Therefore, under PERB Regulation 32635(b), the allegation is dismissed.