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

LA-CE-450-M

Decision Date: October 20, 2009

Decision Type: PERB Decision

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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.