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.
Perc Vol: 28
Perc Index: 264
Decision Headnotes
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.
501.01000 – 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.
504.05000 – 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.)
504.12000 – 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.
505.03000 – 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.
505.05000 – 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.