Decision 2122M – County of Tehama

SA-CE-500-M

Decision Date: June 28, 2010

Decision Type: PERB Decision

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Perc Vol: 34
Perc Index: 111

Decision Headnotes

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.01000 – In General

An employer’s action is adverse if a reasonable person under the same circumstances would consider the action to have an adverse impact on the employee’s employment. The action, however, must involve actual and not merely speculative harm. Thus, an adverse action will not be found in situations involving a future adverse impact on employment conditions when such impact is speculative.

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.05000 – Transfer, Promotion, or Demotion; Work Assignments and Opportunities

An employer’s action is adverse if a reasonable person under the same circumstances would consider the action to have an adverse impact on the employee’s employment. The action, however, must involve actual and not merely speculative harm. Thus, an adverse action will not be found in situations involving a future adverse impact on employment conditions when such impact is speculative.

1106.00000 – CASE PROCESSING PROCEDURES; DISCOVERY
1106.01000 – In General

Once a complaint is sent to formal hearing before a PERB Board agent, a party’s ability to obtain documentation to support its case is limited to the discovery mechanisms set forth in PERB regulations. Accordingly, a party seeking documentation for use at a formal hearing may not use a traditional request for information as a substitute for the mechanisms set forth in PERB regulations.

1106.00000 – CASE PROCESSING PROCEDURES; DISCOVERY
1106.02000 – Subpoenas; Investigatory Subpoenas; Refusal to Obey; Contempt

Once a complaint is sent to formal hearing before a PERB Board agent, a party’s ability to obtain documentation to support its case is limited to the discovery mechanisms set forth in PERB regulations. Accordingly, a party seeking documentation for use at a formal hearing may not use a traditional request for information as a substitute for the mechanisms set forth in PERB regulations.