Decision 2066M – Metropolitan Water District of Southern California

LA-CE-419-M

Decision Date: September 29, 2009

Decision Type: PERB Decision

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Perc Vol: 33
Perc Index: 165

Decision Headnotes

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.01000 – In General

Placement of employee on paid administrative leave was not an adverse action when the employee was on unpaid leave status at the time she was placed on paid leave. Termination of employment and health benefits were not adverse actions because they were taken pursuant to a signed settlement agreement between the employee and the employer.

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.07000 – Discharge; Layoffs; Constructive Discharge; Rejection During Probation

Termination of employment and health benefits were not adverse actions because they were taken pursuant to a signed settlement agreement between the employee and the employer.

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.14000 – Involuntary Leaves

Placement of employee on paid administrative leave was not an adverse action when the employee was on unpaid leave status at the time she was placed on paid leave.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.04000 – Timing of Action

Timing factor not established when two adverse actions occurred before employee filed unfair practice charge and the third adverse action, which occurred after the charge was filed, was a direct result of employee’s resignation prior to filing the charge.

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

PERB will not impute knowledge of employee’s protected activity to the decision maker when the protected activity was known only to employees who played no role in the adverse action. Supervisor who met with employee and union representative about employee’s use of leave had no role in subsequent decision to terminate employee’s employment and health benefits. Thus, supervisor’s knowledge of employee’s protected activity could not be imputed to the decision maker.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver

An addendum to an appeal filed after the expiration of the 20-day appeal period is untimely unless good cause is shown for the late filing pursuant to PERB Regulation 32136. No good cause to excuse late filing because nothing in addendum or circumstances surrounding its filing indicated charging party attempted to file the addendum within the 20-day period but was prevented from doing so by circumstances beyond charging party’s control.