Decision 1676M – Rainbow Municipal Water District

LA-CE-120-M

Decision Date: August 19, 2004

Decision Type: PERB Decision

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Perc Vol: 28
Perc Index: 220

Decision Headnotes

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.04000 – Individual/Concerted/Activities/Self-Representation

Goddard engaged in protected activity when he told fellow employees that the General Manager had offered promotional opportunities to another employee if that employee would help prevent the union from affiliating with a certain labor consulting firm as acts in furtherance of union interests are protected.

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.07000 – Discharge; Layoffs; Constructive Discharge; Rejection During Probation

Goddard was terminated for his protected activity.

505.00000 – EMPLOYER DISCRIMINATION; DEFENSES
505.03000 – Misconduct

Goddard’s conduct in disclosing a confidential communication did not lose its protected nature since he was simply reporting a conversation that he believed to be unlawful that he overheard while performing his regular duties. There was no evidence of bad faith or knowledge that the report might be untrue. The District had no specific rule regarding confidentiality and in any event, a rule that prohibits reporting violations of the MMBA is facially unlawful.

1105.00000 – CASE PROCESSING PROCEDURES; EVIDENCE
1105.03000 – Burden of Proof; Weight of Evidence; Presumptions and Inferences; Affirmative Defenses

Witnesses failure to testify on an important issues in the case and corroborating witnesses failure to recall events regarding the issue causes ALJ to make an adverse inference against both witnesses and discredit their accounts of the events.

1201.00000 – REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS
1201.02000 – Reinstatement

It is an appropriate remedy to reinstate Goddard to a position he was offered before his termination.