Decision 2106Sa – State of California (Department of Personnel Administration) * * * OVERRULED IN PART by Los Angeles County Superior Court (2018) PERB Decision No. 2566-C

SA-CE-1636-S

Decision Date: March 1, 2011

Decision Type: PERB Decision

 * * * OVERRULED IN PART by Los Angeles County Superior Court (2018) PERB Decision No. 2566-C * * *

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Perc Vol: 35
Perc Index: 59

Decision Headnotes

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.01000 – In General

Becoming a union member is a protected activity for purposes of determining whether an employer interfered with employee rights under the Carlsbad standard or discriminated against employees under the Campbell standard.

400.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; EMPLOYER INTERFERENCE WITH, RESTRAINT, OR COERCION OF EMPLOYEES
400.01000 – In General; Standards

To establish a prima facie case of interference under Carlsbad Unified School District (1979) PERB Decision No. 89, the charging party must establish that the employer’s conduct tends to or does result in some harm to employee rights. The employer’s provision of lower cost dental benefits to non-union member employees established a prima facie case of interference with employee rights because the cost difference may influence an employee’s decision to join the union.

501.00000 – EMPLOYER DISCRIMINATION; DISCRIMINATION
501.01000 – In General; Elements of Prima Facie Case

The discrimination/retaliation standard set forth in Novato Unified School District (1982) PERB Decision No. 210, applies when an employer is alleged to have taken an adverse action against an individual employee because of the employee’s participation in protected activity. The discrimination standard set forth in Campbell Municipal Employees Assn. v. City of Campbell (1982) 131 Cal.App.3d 416, applies when the employer is alleged to have discriminated between two groups of employees because one of the groups participated in protected activity. To establish a prima facie case under the Campbell standard, the charging party must show that the employer engaged in conduct which could have harmed employee rights to some extent. The employer’s provision of lower cost dental benefits to non-union member employees established a prima facie case of discrimination against employees who exercised their right to join the union.

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.01000 – In General

In determining whether an action is adverse to an individual employee under Novato Unified School District (1982) PERB Decision No. 210, the Board applies the standard set forth in Palo Verde Unified School District (1988) PERB Decision No. 689, which requires an objective showing of an adverse effect on the employee’s employment. The discrimination standard in Campbell Municipal Employees Assn. v. City of Campbell (1982) 131 Cal.App.3d 416, which applies when the employer is alleged to have discriminated between two groups of employees because one of the groups participated in protected activity, cannot be used to establish adverse action under the Novato standard. The Board overruled that part of City of San Diego (2005) PERB Decision No. 1738-M, in which the Board used Campbell to establish adverse action against an individual employee.