Decision 1697H – Trustees of the California State University

LA-CE-699-H

Decision Date: September 30, 2004

Decision Type: PERB Decision

Description:  Cornelius alleged that she was given a notice of termination and was not hired in other positions because she signed up for steward training.

Disposition:  The Board dismissed all allegations occurring before February 22, 2002 as untimely and dismissed the charge on the merits for failure to show nexus as CSU had approved the steward training and had terminated Cornelius for misconduct.

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Perc Vol: 28
Perc Index: 264

Decision Headnotes

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.01000 – In General

Given the six-month limitations period for filing a charge under HEERA, since the charge, as amended, was filed on October 22, 2002, all allegations occurring before February 22, 2002 are untimely.

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

Cornelius did not state facts showing a nexus between her protected conduct (signing up for steward training) and the adverse actions (notice of termination and refusal to hire her for other positions). Rather, evidence shows that CSU approved her steward training and that Cornelius was terminated for misconduct.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.05000 – Union Activity of Discriminatee

Cornelius did not state facts showing a nexus between her protected conduct (signing up for steward training) and the adverse actions (notice of termination and refusal to hire her for other positions). Rather, evidence shows that CSU approved her steward training and that Cornelius was terminated for misconduct.)

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.12000 – Employer Statements or Conduct; Threats

Cornelius did not state facts showing a nexus between her protected conduct (signing up for steward training) and the adverse actions (notice of termination and refusal to hire her for other positions). Rather, evidence shows that CSU approved her steward training and that Cornelius was terminated for misconduct.

505.00000 – EMPLOYER DISCRIMINATION; DEFENSES
505.03000 – Misconduct

Cornelius did not state facts showing a nexus between her protected conduct (signing up for steward training) and the adverse actions (notice of termination and refusal to hire her for other positions). Rather, evidence shows that CSU approved her steward training and that Cornelius was terminated for misconduct.

505.00000 – EMPLOYER DISCRIMINATION; DEFENSES
505.05000 – Dishonesty or Disloyalty to Employer

Cornelius did not state facts showing a nexus between her protected conduct (signing up for steward training) and the adverse actions (notice of termination and refusal to hire her for other positions). Rather, evidence shows that CSU approved her steward training and that Cornelius was terminated for misconduct.