Decision 1838M – Sacramento Municipal Utility District

SA-CE-365-M

Decision Date: May 10, 2006

Decision Type: PERB Decision

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Perc Vol: 30
Perc Index: 117

Decision Headnotes

501.00000 – EMPLOYER DISCRIMINATION; DISCRIMINATION
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.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
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.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.04000 – Amendments

An amendment to unfair practice charge must be timely filed. An amendment filed after a dismissal has issued is not timely.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
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.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
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.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.12000 – Extensions of Time

PERB Regulation 32136 grants the Board the discretion to excuse a late filing for good cause.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
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.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
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.