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.

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Perc Vol: 29
Perc Index: 48

Decision Headnotes

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.01000 – In General

Board found no retaliation where charging party resigned and decision not to rehire was not based on previous protected activity.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.02000 – Disparate Treatment

Board found no retaliation where charging party voluntarily resigned and decision not to rehire was not based on prior protected activity.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.11000 – Availability of Work

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

Board found no retaliation where charging party voluntarily resigned and decision not to rehire was not based on prior protected activity.

604.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION
604.01000 – In General

No obligation by employer to provide requested information where employer partially complies and employee organization never reasserts or clarifies request.