Decision 2118S – State of California (Department of Corrections and Rehabilitation)

SA-CE-1671-S

Decision Date: June 15, 2010

Decision Type: PERB Decision

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Perc Vol: 34
Perc Index: 102

Decision Headnotes

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

Although certain communications with an employer taken on behalf of unit employees may be considered protected activity, an employee’s communication with the employer is for his/her own benefit is not protected.

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.04000 – Individual/Concerted/Activities/Self-Representation

Although certain communications with an employer taken on behalf of unit employees may be considered protected activity, an employee’s communication with the employer is for his/her own benefit is not protected.

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.06000 – Demands for Change in Working Conditions

Although certain communications with an employer taken on behalf of unit employees may be considered protected activity, an employee’s communication with the employer is for his/her own benefit is not protected.

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

Although certain communications with an employer taken on behalf of unit employees may be considered protected activity, an employee’s communication with the employer is for his/her own benefit is not protected.

502.00000 – EMPLOYER DISCRIMINATION; PERSONS PROTECTED
502.01000 – In General

Although certain communications with an employer taken on behalf of unit employees may be considered protected activity, an employee’s communication with the employer is for his/her own benefit is not protected.

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.01000 – In General

An overall positive performance evaluation that contains some written comments and constructive criticism does not transform an otherwise positive evaluation into an adverse action.

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.01000 – In General

A referral to an EAP program does not constitute adverse action when participation in the program is voluntary and all services provided are confidential.

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.03000 – Warning Letters, Reprimands, Evaluations

An overall positive performance evaluation that contains some written comments and constructive criticism does not transform an otherwise positive evaluation into an adverse action.

505.00000 – EMPLOYER DISCRIMINATION; DEFENSES
505.01000 – In General

An overall positive performance evaluation that contains some written comments and constructive criticism does not transform an otherwise positive evaluation into an adverse action.

505.00000 – EMPLOYER DISCRIMINATION; DEFENSES
505.01000 – In General

A referral to an EAP program does not constitute adverse action when participation in the program is voluntary and all services provided are confidential.