Decision 2122M – County of Tehama
SA-CE-500-M
Decision Date: June 28, 2010
Decision Type: PERB Decision
Description: The Board affirmed the dismissal by an administrative law judge of a charge alleging the County of Tehama discriminated against the charging party for testifying on behalf of a co-worker at an arbitration hearing and by failing to provide information.
Disposition: With regard to the discrimination claim, the Board held the charging party failed to establish a prima facie case of discrimination. Additionally, even if a prima facie case was established, the Board found the County demonstrated legitimate non-discriminatory reasons that it would have taken the same action in the absence of protected conduct. With regard to the failure to provide information claim, the Board found that the charging party failed to use the pre-hearing discovery procedures set forth in PERB regulations and, therefore, was not entitled to the information requested.
Perc Vol: 34
Perc Index: 111
Decision Headnotes
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.
503.05000 – 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.
1106.01000 – 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.
1106.02000 – 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.