Decision 2075M – City and County of San Francisco


Decision Date: November 4, 2009

Decision Type: PERB Decision

Description: Lam alleged that the City:  (1) colluded with the exclusive representative of Lam’s bargaining unit, SEIU Local 1021, to close his grievances; (2) failed to inform him or local SEIU officers of the closure; and (3) retaliated against him for filing grievances.

Disposition: The Board affirmed the Board agent’s dismissal of the charge.  The Board found the charge failed to show that the City colluded with SEIU to close Lam’s grievances or that the City owed a statutory duty to directly inform Lam of the closure.  The Board also found the charge failed to state a prima facie case of retaliation because it did not allege facts showing that the City’s closure of Lam’s grievances was unlawfully motivated.

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Perc Vol: 33
Perc Index: 186

Decision Headnotes

501.01000 – In General; Elements of Prima Facie Case

Charge failed to state prima facie case of discrimination/retaliation because, even if employer’s closure of employee’s grievances was an adverse action, the charge did not allege facts establishing that closure was motivated by employee’s protected activity.

1100.05000 – Dismissal of Charge; Appeal

Appeal complied with PERB Regulation 32635(a) because it sufficiently put the Board and the respondent on notice of the issues appealed.