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.
Perc Vol: 30
Perc Index: 82
Decision Headnotes
300.05000 – Grievances
Filing a fraudulent claim in a grievance is not protected activity.
502.01000 – In General
Filing a fraudulent claim in a grievance is not protected activity.
505.03000 – Misconduct
Filing a fraudulent claim in a grievance is not protected activity.
1107.05000 – Precedential Authority of PERB Decisions
Board vacates decision 1579-S and adopts regional attorney’s ruling in that case.
1107.09000 – Retroactive Effect of Changes in Board Rulings
Board vacates decision 1579-S and adopts regional attorney’s ruling in that case.
1107.15000 – Withdrawal of Appeal; Request that Decision be Vacated
Board vacates decision 1579-S and adopts regional attorney’s ruling in that case.
1107.20000 – Other
Board vacates decision 1579-S and adopts regional attorney’s ruling in that case.