Decision 2123S – State of California (Department of Personnel Administration)

SA-CE-1803-S

Decision Date: July 28, 2010

Decision Type: PERB Decision

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Perc Vol: 34
Perc Index: 117

Decision Headnotes

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

The charge and supporting documents do not indicate that union members engaged in any specific protected activity other than their union membership. Allegations that public employee unions generally opposed the Governor’s reelection and initiative campaigns fails to establish that union engaged in any identifiable protected activity or that the state employer had knowledge of any such activity by the union. Charging party was one of many public sector labor organizations engaging in such activity.

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

The charge and supporting documents do not indicate that union members engaged in any specific protected activity other than their union membership. Allegations that public employee unions generally opposed the Governor’s reelection and initiative campaigns fails to establish that union engaged in any identifiable protected activity or that the state employer had knowledge of any such activity by the union. Charging party was one of many public sector labor organizations engaging in such activity.

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

Assertion that physicians would prefer to be utilized as non-furloughed contractors rather than furloughed employees is insufficient to establish that the State’s decision to furlough its employees has interfered with the exercise of any protected activities.

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.01000 – In General

The imposition of furloughs was a form of involuntary leave resulting in a reduction in hours and therefore an adverse action.

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.14000 – Involuntary Leaves

The imposition of furloughs was a form of involuntary leave resulting in a reduction in hours and therefore an adverse action.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.04000 – Timing of Action

Charge failed to establish nexus between union’s opposition to Governor’s reelection and initiative campaigns the issuance of an Executive Order directing furloughs more than two years later. Any connection between alleged protected activity and adverse action is simply too attenuated to establish nexus under the Novato standard.