Decision 1690S – State of California (Department of Forestry and Fire Protection)
SA-CE-1435-S
Decision Date: September 17, 2004
Decision Type: PERB Decision
Description: Charging party alleged employer discrimination based on protected activity.
Disposition: Board held charge lacked specificity. Charge must include more than mere statement that there is a premeditated conspiracy. Allegation must include “who, what, when, where and how” of charge.
Perc Vol: 28
Perc Index: 254
Decision Headnotes
300.01000 – In General
Request for a transfer does not constitute protected activity.
300.04000 – Individual/Concerted/Activities/Self-Representation
Request for a transfer does not constitute protected activity.
300.17000 – Other
Request for a transfer does not constitute protected activity.
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.
1100.01000 – 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.
1100.08000 – 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.