Decision 1851H – Regents of the University of California

SF-CE-768-H

Decision Date: August 21, 2006

Decision Type: PERB Decision

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Perc Vol: 30
Perc Index: 153

Decision Headnotes

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.01000 – In General

Argument could be made that counseling memos are not an adverse action where counseling memos are not considered discipline under the parties collective bargaining agreement. Even assuming the counseling memo was an adverse action, the charge failed to demonstrate nexus.

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.03000 – Warning Letters, Reprimands, Evaluations

Argument could be made that counseling memos are not an adverse action where counseling memos are not considered discipline under the parties collective bargaining agreement. Even assuming the counseling memo was an adverse action, the charge failed to demonstrate nexus.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.04000 – Timing of Action

Argument could be made that counseling memos are not an adverse action where counseling memos are not considered discipline under the parties collective bargaining agreement. Even assuming the counseling memo was an adverse action, the charge failed to demonstrate nexus.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.01000 – In General/Prima Facie Case

A letter correctly addressed and properly mailed is presumed to have been received in the ordinary course of mail. This presumption can be rebutted by evidence that the letter was not received.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver

To raise an issue for the first time on appeal is a violation of PERB Regulation section 32635(b) which requires a showing of good cause to include a new charge or new supporting evidence on appeal. Charging Party demonstrated good cause because the evidence being presented didn’t exist at the time of the dismissal.