Decision 2022M – City of Modesto

SA-CE-469-M

Decision Date: May 12, 2009

Decision Type: PERB Decision

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Perc Vol: 33
Perc Index: 84

Decision Headnotes

400.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; EMPLOYER INTERFERENCE WITH, RESTRAINT, OR COERCION OF EMPLOYEES
400.01000 – In General; Standards

City did not unlawfully deny right to representation during an interview to discuss complaint filed by employee, where employee did not reasonably believe that interview would result in discipline against him. City also did not deny right to representation during two coaching sessions to discuss employee’s work performance.

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.01000 – In General

Alleged failure to complete an investigation of employee’s complaint did not constitute an adverse action, where employee refused to discuss or provide information concerning the complaint without representation.

1103.00000 – CASE PROCESSING PROCEDURES; COMPLAINT
1103.04000 – Amendments

Pursuant to PERB Regulation 32648, the charging party may move to amend the complaint by oral motion on the record. In ruling on such a motion, the ALJ should consider prejudice to the respondent, among other factors. Motion to amend complaint at hearing to include new charge of discrimination based on different alleged facts would have been prejudicial to respondent. Given the lateness of the request to amend, respondent would not have had adequate notice or an opportunity to fully defend against the additional discrimination charge.