Decision 2071M – County of San Bernardino (County Library)

LA-CE-450-M

Decision Date: October 20, 2009

Decision Type: PERB Decision

Description: Roeleveld alleged that the County violated its personnel rules and retaliated against her for using union representation by refusing to provide her with a written rejection or examination results.

Disposition: The Board affirmed the Board agent’s dismissal of the charge.  The Board held PERB had no authority to process an alleged violation of the County’s personnel rules as an unfair practice charge because the rules were not adopted pursuant to section 3507(a) of the Meyers-Milias-Brown Act.  The Board found the charge did not establish that the County’s failure to provide a written rejection or examination results was an adverse action because it failed to show that Roeleveld could not appeal the rejection without the documents.  The Board also found no indication of unlawful motive because the County’s failure to provide the documents pre-dated Roeleveld’s use of union representation.

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Perc Vol: 33
Perc Index: 176

Decision Headnotes

104.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD
104.01000 – Authority of Board In General; Validity and Application of Regulations (See also 102.01)

PERB has no authority to process an alleged violation of county personnel rules as an unfair practice charge. MMBA section 3507(a) allows a public agency to adopt rules governing relations with employee organizations representing its employees. Section 3507(a) does not contemplate adoption of rules governing relations between the public agency and individual employees, such as county personnel rules.

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.01000 – In General

Employer’s failure to provide employee with written rejection or examination results was not an adverse action because the charge failed to establish that the employee could not appeal the rejection without the documents.

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.15000 – Other

Employer’s failure to provide employee with written rejection or examination results was not an adverse action because the charge failed to establish that the employee could not appeal the rejection without the documents.

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

Timing factor not established when the alleged adverse action pre-dated employee’s protected activity.