Decision 2153H – Regents of the University of California
Decision Date: December 30, 2010
Decision Type: PERB Decision
Description: The charge alleged that the University discriminated against the charging party by terminating his employment, breaching his employment contract, defaming his character, and misrepresenting his scholarly/academic efforts.
Disposition: The Board upheld the dismissal of the charge, finding the charging party did not establish he engaged in protected activity. The remaining allegations were dismissed as outside PERB’s jurisdiction.
Perc Vol: 35
Perc Index: 21
101.02000 – Conflicts Between PERB-Administered Laws and Other California Statutes; Education Code/Supersession; MMBA Supersession
HEERA is limited in scope, regulating only certain conduct by employers. HEERA does not address, and PERB has no jurisdiction over, allegations that a university breached an employment contract, defamed an employee’s character, or misrepresented an employee’s scholarly or academic efforts.
300.04000 – Individual/Concerted/Activities/Self-Representation
Employee complaints to employers are protected only when those complaints are a logical continuation of group activity. Charging party's activities were entirely personal in nature, not concerted, including complaints to supervisors about his own employment conditions and negative work performance evaluation.
1100.03000 – Standing
Individual employees do not have standing to allege violations of sections that protect the collective bargaining rights of employee organizations.