Decision 2070H – Trustees of the California State University (San Marcos)

LA-CE-1039-H

Decision Date: October 15, 2009

Decision Type: PERB Decision

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Perc Vol: 33
Perc Index: 173

Decision Headnotes

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.01000 – In General

Search of employee’s personal vehicle by employer’s security officer was an adverse action because it could lead to discipline, criminal charges, or both.

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.15000 – Other

Search of employee’s personal vehicle by employer’s security officer was an adverse action because it could lead to discipline, criminal charges, or both.

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

Five days between union steward’s complaint to management about employee’s work assignments and search of employee’s personal vehicle by employer’s security officer sufficient to establish timing factor.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.07000 – No reason or Inconsistent Reasons Given; Shifting Justifications

Employer’s failure to give employee reason for search of employee’s personal vehicle during the search supports an inference of unlawful motivation.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.12000 – Employer Statements or Conduct; Threats

Supervisor’s statements to union steward that he took union’s transfer of work complaint personally, the complaint could lead to unit members not being promoted and warning to steward that “it is not a good thing to be getting involved in these kind of topics” indicated union animus. Manager’s comment that he did not want the union business representative “around here” indicated union animus.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.01000 – In General

No prima facie case of unilateral change when charge failed to establish that employer removed bargaining unit work from unit members or that nonunit employees began performing duties previously performed exclusively by unit members. Charge also failed to establish that any reallocation of bargaining unit work had a negotiable effect on unit members’ terms and conditions of employment.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.05000 – Impact and Extent

No prima facie case of unilateral change when charge failed to establish that employer removed bargaining unit work from unit members or that nonunit employees began performing duties previously performed exclusively by unit members. Charge also failed to establish that any reallocation of bargaining unit work had a negotiable effect on unit members’ terms and conditions of employment.

1000.00000 – SCOPE OF REPRESENTATION
1000.02147 – Transfer of Work Out of Unit

No prima facie case of unilateral change when charge failed to establish that employer removed bargaining unit work from unit members or that nonunit employees began performing duties previously performed exclusively by unit members. Charge also failed to establish that any reallocation of bargaining unit work had a negotiable effect on unit members’ terms and conditions of employment.