Decision 1707M – Alameda County Medical Center
SF-CE-78-M
Decision Date: November 16, 2004
Decision Type: PERB Decision
Description: Flenoy alleged that she was disciplined because of her protected activity.
Disposition: The Board dismissed the charge since Flenoy failed to allege a nexus between her protected conduct and the adverse action. The county reprimanded her for tardiness before her protected conduct, followed progressive discipline policies, and offered consistent justification for her discipline.
Perc Vol: 29
Perc Index: 11
Decision Headnotes
504.04000 – Timing of Action
There was no showing of discipline because another employee who was habitually late was disciplined in the same manner as Flenoy.
504.04000 – Timing of Action
Although Flenoy provided evidence of timing, the Board agent found that the County consistently reprimanded her for her tardiness before she engaged in protected activity.)
504.07000 – No reason or Inconsistent Reasons Given; Shifting Justifications
The record showed that the County followed progressive discipline policies in issuing more than 10 warnings about tardiness and other performance problems, and offered consistent justification for her discipline.
504.14000 – Other/In General
The Board found that Flenoy failed to state a prima facie case of discrimination. Although it is clear that Flenoy engaged in protected activity and the County was aware of her activity, Flenoy failed to show a nexus between the adverse actions and her protected conduct