Decision 1723S – State of California (Department of Corrections)
SA-CE-1434-S
Decision Date: December 13, 2004
Decision Type: PERB Decision
Description: Unfair practice charged for discipline allegedly based on protected activity where employee told psych techs to go against written policy and act in a manner inconsistent with management directives.
Disposition: Board found no protected activity nexus to discipline. Telling employees to violate management directives is not protected activity.
Perc Vol: 29
Perc Index: 28
Decision Headnotes
300.01000 – In General
Charging party was disciplined not for protected activity but instead for telling psych techs to go against written policy and act in a manner inconsistent with management directives. Telling employees to violate management directives is not protected activity.
300.17000 – Other
Charging party was not disciplined for protected activity but instead for telling psych techs to go against written policy and act in a manner inconsistent with management directives. Telling employees to violate management directives is not protected activity.