Decision 1732H – Trustees of the California State University
LA-CE-714-H
Decision Date: December 27, 2004
Decision Type: PERB Decision
Description: Retaliation for protected activities alleged by union where charging party was not rehired after voluntary resignation and employer did not provide all documents requested by employee organization.
Disposition: Board found no retaliation after voluntary resignation and decision not to rehire was not based on previous protected activity. Employer has no obligation to provide requested information where employer partially complies and employee organization never reasserts or clarifies request.
Perc Vol: 29
Perc Index: 48
Decision Headnotes
300.01000 – In General
* * * OVERRULED IN PART ON OTHER GROUNDS BY Butte-Glenn Community College District (2022) PERB Decision 2834. * * *
Board found no retaliation where charging party resigned and decision not to rehire was not based on previous protected activity.
504.02000 – Disparate Treatment
* * * OVERRULED IN PART ON OTHER GROUNDS BY Butte-Glenn Community College District (2022) PERB Decision 2834. * * *
Board found no retaliation where charging party voluntarily resigned and decision not to rehire was not based on prior protected activity.
504.11000 – Availability of Work
* * * OVERRULED IN PART ON OTHER GROUNDS BY Butte-Glenn Community College District (2022) PERB Decision 2834. * * *
Board found no retaliation where charging party voluntarily resigned and decision not to rehire was not based on prior protected activity.
504.14000 – Other/In General
* * * OVERRULED IN PART ON OTHER GROUNDS BY Butte-Glenn Community College District (2022) PERB Decision 2834. * * *
Board found no retaliation where charging party voluntarily resigned and decision not to rehire was not based on prior protected activity.
604.01000 – In General
* * * OVERRULED IN PART BY Butte-Glenn Community College District (2022) PERB Decision 2834, where the Board held an exclusive representative need not reassert or clarify its information request upon receiving a partial response from the employer where it is sufficiently clear that the response did not fully satisfy the request.* * *
No obligation by employer to provide requested information where employer partially complies and employee organization never reasserts or clarifies request.