Decision 1755H – Trustees of the California State University (Sonoma)
SF-CE-716-H
Decision Date: March 1, 2005
Decision Type: PERB Decision
Description: Charge alleged discrimination and refusal to provide necessary and relevant information.
Disposition: The Board remanded the discrimination allegation for issuance of a complaint. The Board concluded that where there is a material factual dispute during the initial investigation, the charging party’s allegations must be accepted as true, citing Golden Plains. The Board dismissed the information allegation finding insufficient facts to state a prima facie case.
Perc Vol: 29
Perc Index: 97
Decision Headnotes
300.15000 – Speech
Employee criticism of a supervisor on employment-related subjects is protected when its purpose is to advance the employees' interests in working conditions; p. 6.
604.01000 – In General
Charging Party did not provide facts suggesting that the employer's claim that it did not possess the requested documents was untruthful and therefore there is no prima facie case; p. 7.
1100.01000 – In General/Prima Facie Case
Where there is a material factual dispute during the initial investigation, the charging party's allegations must be accepted as true, citing Golden Plains Unified School District (2002) PERB Decision No. 1489; p. 6.
1100.02000 – Investigation of Charge
Where there is a material factual dispute during the initial investigation, the charging party's allegations must be accepted as true, citing Golden Plains Unified School District (2002) PERB Decision No. 1489; p. 6.
1100.08000 – Pleading Requirements
Where there is a material factual dispute the initial investigation, the charging party's allegations must be accepted as true, citing Golden Plains Unified School District (2002) PERB Decision No. 1489; p. 6.
1107.06000 – De Novo Review; Standard of Review by Board
Where there is a material factual dispute the initial investigation, the charging party's allegations must be accepted as true, citing Golden Plains Unified School District (2002) PERB Decision No. 1489; p. 6.