Decision 1680S – State of California (State Personnel Board)
SA-CE-1395-S
Decision Date: August 20, 2004
Decision Type: PERB Decision
Description: Union charged State Personnel Board violated Dills Act by bringing legal action in another forum challenging a PERB decision.
Disposition: Board dismissed charge alleging that State Personnel Board violated Dills Act by bringing legal action in another forum challenging a PERB decision.
Perc Vol: 28
Perc Index: 224
Decision Headnotes
400.01000 – In General; Standards
PERB has recognized that it is an unfair practice for an employer to prosecute a baseless lawsuit with the intent of retaliating against employees for their exercise of protected rights. In these cases, the lawsuit must be both objectively baseless and subjectively motivated by an unlawful purpose.
501.01000 – In General; Elements of Prima Facie Case
PERB has recognized that it is an unfair practice for an employer to prosecute a baseless lawsuit with the intent of retaliating against employees for their exercise of protected rights. In these cases, the lawsuit must be both objectively baseless and subjectively motivated by an unlawful purpose.
503.10000 – Wages, Bonuses, Incentives; Severance Pay
PERB has recognized that it is an unfair practice for an employer to prosecute a baseless lawsuit with the intent of retaliating against employees for their exercise of protected rights. In these cases, the lawsuit must be both objectively baseless and subjectively motivated by an unlawful purpose.
503.15000 – Other
PERB has recognized that it is an unfair practice for an employer to prosecute a baseless lawsuit with the intent of retaliating against employees for their exercise of protected rights. In these cases, the lawsuit must be both objectively baseless and subjectively motivated by an unlawful purpose.