Decision 1994M – City of Modesto

SA-CE-486-M

Decision Date: December 19, 2008

Decision Type: PERB Decision

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Perc Vol: 33
Perc Index: 24

Decision Headnotes

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.05000 – Grievances

An employee’s attempt to assert rights established by the terms of a negotiated agreement constitutes participation in the activities of an employee organization. Employee’s appeal of proposed suspension pursuant to provision of memorandum of understanding between his employer and his exclusive representative was protected under MMBA.

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.02000 – Suspension, Dock in Pay

Final notice of suspension is an adverse action.


504.14000 – Other/In General

No nexus between employee’s appeal of proposed suspension and employer’s imposition of five-day suspension when employees who knew of appeal and prepared final notice of suspension for department head’s signature were unaware that notice of suspension purported to suspend employee for two days, with three days held in abeyance.

505.00000 – EMPLOYER DISCRIMINATION; DEFENSES
505.12000 – Lack of Knowledge of Protected Activity

Employer had knowledge of employee’s protected activity of appealing his proposed suspension when two employees who prepared final notice of suspension for department head’s signature, but not department head himself, knew of employee’s appeal.

505.00000 – EMPLOYER DISCRIMINATION; DEFENSES
505.13000 – Other

Employer had knowledge of employee’s protected activity of appealing his proposed suspension when two employees who prepared final notice of suspension for department head’s signature, but not department head himself, knew of employee’s appeal.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.11000 – Request for Oral Argument

The Board will deny a request for oral argument when an adequate record has been prepared, the parties had ample opportunity to present briefs and have availed themselves of that opportunity, and the issues before the Board are sufficiently clear to make oral argument unnecessary. Oral argument request denied because all criteria for denial were met.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.14000 – Informational Briefs

The Board has discretion to allow the filing of a reply brief when a response to exceptions raises new issues, discusses new case law or formulates new defenses to allegations. Board declined to exercise discretion because reply brief merely provided additional argument and record citations to bolster arguments made in exceptions.