Decision 2209M – Golden Gate Bridge Highway and Transportation District
SF-CE-747-M
Decision Date: October 12, 2011
Decision Type: PERB Decision
Description: The charge alleged that the Golden Gate Bridge Highway & Transportation District retaliated against charging party for having engaged in the protected activity of participating in the PERB process.
Disposition: The Board upheld the dismissal of the charge for failure to state a prima facie case of discrimination/retaliation, concluding that there was no nexus between the protected activity and the retaliatory act.
Perc Vol: 36
Perc Index: 63
Decision Headnotes
300.09000 – Participation in Board Process
Filing PERB charges and assisting in the prosecution of PERB charges constitute protected activities.
503.15000 – Other
Charging party must show as part of the prima facie case that a reasonable person under the same circumstances would view the action taken as adverse to charging party’s employment; charging party’s burden was not met where charge failed to allege sufficient facts to establish that a heated, non-disciplinary meeting was adverse to charging party’s employment; charging party’s burden was not met where charge failed to allege sufficient facts to establish that a denial of a grievance or a denial of a workday exchange was adverse to charging party’s employment.