Decision 1826S – State of California (Department of Corrections)

LA-CE-599-S

Decision Date: March 3, 2006

Decision Type: PERB Decision

Description:  Charge alleged the department’s violation of the Dills Act by its retaliation against an employee because of a grievance filed.

Disposition:  The Board found no prima facie case where there is insufficient nexus between denial of promotional opportunities and protected activity of filing a grievance.  State of California (Department of Corrections (2003) PERB Decision No. 1579-S is vacated.

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Perc Vol: 30
Perc Index: 82

Decision Headnotes

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.05000 – Grievances

Filing a fraudulent claim in a grievance is not protected activity.

502.00000 – EMPLOYER DISCRIMINATION; PERSONS PROTECTED
502.01000 – In General

Filing a fraudulent claim in a grievance is not protected activity.

505.00000 – EMPLOYER DISCRIMINATION; DEFENSES
505.03000 – Misconduct

Filing a fraudulent claim in a grievance is not protected activity.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.05000 – Precedential Authority of PERB Decisions

Board vacates decision 1579-S and adopts regional attorney’s ruling in that case.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.09000 – Retroactive Effect of Changes in Board Rulings

Board vacates decision 1579-S and adopts regional attorney’s ruling in that case.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.15000 – Withdrawal of Appeal; Request that Decision be Vacated

Board vacates decision 1579-S and adopts regional attorney’s ruling in that case.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.20000 – Other

Board vacates decision 1579-S and adopts regional attorney’s ruling in that case.