Decision 1975M – County of Merced

SA-CE-502-M

Decision Date: September 5, 2008

Decision Type: PERB Decision

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Perc Vol: 32
Perc Index: 137

Decision Headnotes

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.01000 – In General

Employee’s use of union representation in dispute with employer over proposed suspension of employee was protected activity under MMBA.

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.04000 – Individual/Concerted/Activities/Self-Representation

Employee’s use of union representation in dispute with employer over proposed suspension of employee was protected activity under MMBA.

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.17000 – Other

Employee’s use of union representation in dispute with employer over proposed suspension of employee was protected activity under MMBA.

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.01000 – In General

Unequivocal notice of the employer’s intent to impose discipline is an adverse action. Letter to employee stating that he was absent without leave and would be terminated unless he returned to work by a specific date was not adverse action because it did not indicate the employer had made a firm decision to terminate the employee. Notice for employee to vacate employer-provided residence was adverse action because it unequivocally stated employer’s intent to eliminate a term or condition of employment.

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

Unequivocal notice of the employer’s intent to impose discipline is an adverse action. Letter to employee stating that he was absent without leave and would be terminated unless he returned to work by a specific date was not adverse action because it did not indicate the employer had made a firm decision to terminate the employee. Notice for employee to vacate employer-provided residence was adverse action because it unequivocally stated employer’s intent to eliminate a term or condition of employment.

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.13000 – Employer-Owned Housing

When employee is entitled to reside in employer-owned residence as a term or condition of employment, requiring employee to vacate the residence is an adverse action.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.05000 – Dismissal of Charge; Appeal

Under PERB Regulation 32635(b), the Board may not consider new allegations or supporting evidence raised for the first time on appeal unless the charging party establishes good cause. No good cause to consider new allegations raised on appeal when the information underlying the allegations could have been obtained through reasonable diligence prior to the Board agent’s dismissal of the charge.