Decision 1690S – State of California (Department of Forestry and Fire Protection)

SA-CE-1435-S

Decision Date: September 17, 2004

Decision Type: PERB Decision

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Perc Vol: 28
Perc Index: 254

Decision Headnotes

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.01000 – In General

Request for a transfer does not constitute protected activity.

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

Request for a transfer does not constitute protected activity.

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.17000 – Other

Request for a transfer does not constitute protected activity.

501.00000 – EMPLOYER DISCRIMINATION; DISCRIMINATION
501.01000 – In General; Elements of Prima Facie Case

Charging Party must show protected conduct, that the employer knew of protected conduct and a nexus between the protected conduct and any adverse actions. Charge must include facts to show what actions occurred. Mere statement that there was a premeditated conspiracy is not sufficient. Charging party must allege “who what when where and how” of charge.(see State of California (Dept. of Food and Agriculture)(1994) PERB Decision No. 944.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.01000 – In General/Prima Facie Case

Charging Party must show protected conduct, that the employer knew of protected conduct and a nexus between the protected conduct and any adverse actions. Charge must include facts to show what actions occurred. Mere statement that there was a premeditated conspiracy is not sufficient. Charging party must allege “who what when where and how” of charge.(see State of California (Dept. of Food and Agriculture)(1994) PERB Decision No. 944.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.08000 – Pleading Requirements

Charging Party must show protected conduct, that the employer knew of protected conduct and a nexus between the protected conduct and any adverse actions. Charge must include facts to show what actions occurred. Mere statement that there was a premeditated conspiracy is not sufficient. Charging party must allege “who what when where and how” of charge.(see State of California (Dept. of Food and Agriculture)(1994) PERB Decision No. 944.