Decision 1853H – Trustees of the California State University * * * OVERRULED by Sonoma County Superior Court (2015) PERB Decision No. 2409-C

LA-CE-895-H

Decision Date: August 29, 2006

Decision Type: PERB Decision

 * * * OVERRULED by Sonoma County Superior Court (2015) PERB Decision No. 2409-C * * *

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Perc Vol: 30
Perc Index: 155

Decision Headnotes

408.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS
408.01000 – In General

An employee required to attend an investigatory interview with the employer is entitled to union representation where the employee has a reasonable basis to believe discipline may result from the meeting. In order to establish a violation of this right, the charging party must demonstrate: (a) the employee requested representation, (b) for an investigatory meeting, (c) which the employee reasonably believed might result in disciplinary action; and (d) the employer denied the request.

408.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS
408.03000 – Investigatory Interviews

An employee required to attend an investigatory interview with the employer is entitled to union representation where the employee has a reasonable basis to believe discipline may result from the meeting. If the sole purpose of a meeting is to present a final disciplinary memo, the employee has no right to union representation.

501.00000 – EMPLOYER DISCRIMINATION; DISCRIMINATION
501.01000 – In General; Elements of Prima Facie Case

To demonstrate a violation of EERA section 3543.5(a), the charging party must show that: (l) the employee exercised rights under EERA; (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 employees because of the exercise of those rights. Thus, in order to establish a prima facie case, the charging party must demonstrate a “nexus” between the adverse action and the protected conduct.

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

Evidence of adverse action is required to support a claim of discrimination or reprisal. In determining whether such evidence is established, the Board uses an objective test and will not rely upon the subjective reactions of the employee. The issuance of a written reprimand has been found to constitute an adverse action.

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.05000 – Transfer, Promotion, or Demotion; Work Assignments and Opportunities

Evidence of adverse action is required to support a claim of discrimination or reprisal. In determining whether such evidence is established, the Board uses an objective test and will not rely upon the subjective reactions of the employee. An involuntary transfer to a position with less favorable working condition has been found to constitute an adverse action.


504.14000 – Other/In General

In order to establish a prima facie case for discrimination, the charging party must demonstrate a “nexus” between the adverse action and the protected conduct.

1000.00000 – SCOPE OF REPRESENTATION
1000.02071 – Job Duties

The direction of work force and determination of what work is to be performed by employees is a managerial prerogative, at the core of managerial control, and not subject to bargaining. However, the employer’s discretion to allocate work duties applies only to those tasks that are reasonably understood to be among the duties of the classification as established by the job description.

1000.00000 – SCOPE OF REPRESENTATION
1000.02085 – Management Rights

The direction of work force and determination of what work is to be performed by employees is a managerial prerogative, at the core of managerial control, and not subject to bargaining. However, the employer’s discretion to allocate work duties applies only to those tasks that are reasonably understood to be among the duties of the classification as established by the job description.