Decision 1838M – Sacramento Municipal Utility District
SA-CE-365-M
Decision Date: May 10, 2006
Decision Type: PERB Decision
Description: The Board upheld the dismissal of an unfair practice charge in which the charging party alleged he was discriminated against for engaging in protected activities.
Disposition: The Board held the charging party failed to allege facts sufficient to demonstrate a nexus between the adverse action and the protected activity. The Board also held an amendment to an unfair practice charge is not timely if filed after the issuance of a dismissal.
Perc Vol: 30
Perc Index: 117
Decision Headnotes
501.01000 – In General; Elements of Prima Facie Case
To establish a prima facie case of discrimination in violation of MMBA section 3506 and PERB Regulation 32603(a), the charging party must show that: (1) the employee exercised rights under MMBA; (2) the employer had knowledge of the exercise of those rights; and (3) the employer imposed or threatened to impose reprisals, discriminated or threatened to discriminate, or otherwise interfered with, restrained or coerced the employee because of the exercise of those rights. To establish a prima facie case for discrimination in violation of MMBA section 3506 and PERB Regulation 32603(a), the charging party must demonstrate a “nexus” between the adverse action and the protected conduct. Although the timing of the employer’s adverse action in close temporal proximity to the employee’s protected conduct is an important factor, it does not, without more, demonstrate the necessary connection or “nexus” between the adverse action and the protected conduct.
504.14000 – Other/In General
To establish a prima facie case for discrimination in violation of MMBA section 3506 and PERB Regulation 32603(a), the charging party must demonstrate a “nexus” between the adverse action and the protected conduct. Although the timing of the employer’s adverse action in close temporal proximity to the employee’s protected conduct is an important factor, it does not, without more, demonstrate the necessary connection or “nexus” between the adverse action and the protected conduct.
1100.02000 – Investigation of Charge
An amendment to unfair practice charge must be timely filed. An amendment filed after a dismissal has issued is not timely.
1100.04000 – Amendments
An amendment to unfair practice charge must be timely filed. An amendment filed after a dismissal has issued is not timely.
1100.05000 – Dismissal of Charge; Appeal
An amendment to unfair practice charge must be timely filed. An amendment filed after a dismissal has issued is not timely.
1100.08000 – Pleading Requirements
PERB Regulation 32615(a)(5) requires an unfair practice charge to contain a clear and concise statement of the conduct alleged to constitute an unfair practice, including the “who, what, when, where and how” of an unfair practice.
1100.12000 – Extensions of Time
PERB Regulation 32136 grants the Board the discretion to excuse a late filing for good cause.
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
PERB Regulation 32136 grants the Board the discretion to excuse a late filing for good cause.
1503.02000 – Regulations Considered (By Number)
PERB Regulation 32136 grants the Board the discretion to excuse a late filing for good cause. PERB Regulation 32621 authorizes a charging party to file an amended charge before the Board agent issues, or refuses to issue, a complaint. PERB Regulation 32615(a)(5) requires an unfair practice charge to contain a clear and concise statement of the conduct allege to constitute an unfair practice, including the “who, what, when, where and how” of an unfair practice.