Decision 1707Ma – Alameda County Medical Center

SF-CE-78-M

Decision Date: February 4, 2005

Decision Type: PERB Decision

Description:  Flenoy requested reconsideration of the Board’s decision in Alameda County Medical Center (2004) PERB Decision No. 1707-M.  Flenoy raised new evidence.

Disposition:  The Board denied Flenoy’s request because Flenoy did not meet the requirements for consideration.  For some evidence, the conclusory allegation that it was not previously available does not prove the allegation’s truth.  The remaining evidence did not support a nexus between the protected conduct and the adverse action.

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Perc Vol: 29
Perc Index: 72

Decision Headnotes

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.14000 – Other/In General

The remaining new evidence does not convince the Board that Flenoy has shown nexus between her protected activity and termination.

505.00000 – EMPLOYER DISCRIMINATION; DEFENSES
505.03000 – Misconduct

The remaining new evidence does not convince the Board that Flenoy has shown nexus between her protected activity and termination.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.10000 – Request for Reconsideration

Flenoy’s conclusory allegation that new evidence was not previously available with the exercise of reasonable diligence before the dismissal of the charge does not suffice to demonstrate its truth. The remaining new evidence does not convince the Board that Flenoy has shown nexus between her protected activity and termination. Flenoy has not met the requirements for reconsideration.