Decision 1953M – Carmichael Recreation and Park District * * * OVERRULED IN PART by Contra Costa Community College District (2019) PERB Decision No. 2652
SA-CE-370-MSA-CE-379-M
Decision Date: April 17, 2008
Decision Type: PERB Decision
* * * OVERRULED IN PART by Contra Costa Community College District (2019) PERB Decision No. 2652 * * *
Perc Vol: 32
Perc Index: 69
Decision Headnotes
400.01000 – In General; Standards
* * * OVERRULED IN PART ON OTHER GROUNDS by Contra Costa Community College District (2019) PERB Decision No. 2652. * * *
Charging Party failed to meet its burden of proving that a cartoon shown to employees harmed their rights, constituting unlawful interference, as the Board found the two employees’ beliefs that the cartoon was threatening and retaliatory were unreasonable.
405.01000 – In General
* * * OVERRULED IN PART ON OTHER GROUNDS by Contra Costa Community College District (2019) PERB Decision No. 2652. * * *
Charging Party failed to meet its burden of proving that a cartoon shown to employees harmed their rights, constituting unlawful interference, as the Board found the two employees’ beliefs that the cartoon was threatening and retaliatory were unreasonable.
405.02000 – Express or Implied Threats
* * * OVERRULED IN PART ON OTHER GROUNDS by Contra Costa Community College District (2019) PERB Decision No. 2652. * * *
Charging Party failed to meet its burden of proving that a cartoon shown to employees harmed their rights, constituting unlawful interference, as the Board found the two employees’ beliefs that the cartoon was threatening and retaliatory were unreasonable.
501.01000 – In General; Elements of Prima Facie Case
* * * OVERRULED IN PART ON OTHER GROUNDS by Contra Costa Community College District (2019) PERB Decision No. 2652. * * *
Charging Party failed to prove that a park district discriminated against two employees because of their protected activity where the only factor raising an inference of unlawful animus is timing.
501.02000 – Burden of Proof; Evidence
* * * OVERRULED IN PART ON OTHER GROUNDS by Contra Costa Community College District (2019) PERB Decision No. 2652. * * *
Charging Party failed to prove that a park district discriminated against two employees because of their protected activity where the only factor raising an inference of unlawful animus is timing.
504.04000 – Timing of Action
* * * OVERRULED IN PART ON OTHER GROUNDS by Contra Costa Community College District (2019) PERB Decision No. 2652. * * *
Charging Party failed to prove that a park district discriminated against two employees because of their protected activity where the only factor raising an inference of unlawful animus is timing.
504.01000 – Prior Employer Unfair Practices; Prior History of Confrontation/Strife/Discord
* * * OVERRULED IN PART ON OTHER GROUNDS by Contra Costa Community College District (2019) PERB Decision No. 2652. * * *
Charging Party failed to prove that a park district discriminated against two employees because of their protected activity where the only factor raising an inference of unlawful animus is timing.
604.01000 – In General
* * * OVERRULED IN PART by Contra Costa Community College District (2019) PERB Decision No. 2652, where the Board held there is no categorical rule barring a request for information related to a noncontractual forum; information relevant to challenging discipline of a bargaining unit member is presumptively relevant. * * *
Charging party requested copies of an employee’s medical documentation solely to prepare for a Skelly hearing, an extra-contractual forum. Therefore, the Board found that a union failed to meet its burden of showing the information it sought was relevant and necessary to the union's representational duties.