Decision 2222M – City and County of San Francisco

SF-CE-778-M

Decision Date: November 23, 2011

Decision Type: PERB Decision

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Perc Vol: 36
Perc Index: 89

Decision Headnotes

102.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION
102.02000 – Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes

PERB’s jurisdiction does not include, among other things, enforcement of the Americans with Disabilities Act, the U.S. Constitution, the Whistleblower Protection Reporting Act, laws governing improper government activity, laws governing sexual harassment, laws governing defamation, or laws governing the unemployment insurance process.

408.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS
408.01000 – In General

If the purpose of an employer-employee meeting is solely to present to the employee a memo conveying the employer’s final determination on discipline, and is not investigatory and not otherwise extraordinary, the employee has no right to union representation at the meeting.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.01000 – In General/Prima Facie Case

To demonstrate that an employer discriminated or retaliated against an employee in violation of MMBA section 3506 and PERB Regulation 32603(a), the charging party must show that: (1) the employee exercised rights under MMBA; (2) the employer had knowledge of the exercise of those rights; (3) the employer took adverse action against the employee; and (4) the employer took the action because of the exercise of those rights.

1109.00000 – CASE PROCESSING PROCEDURES; ISSUES ON APPEAL
1109.01000 – In General

Pursuant to PERB Regulation 32635(b), no good cause found to consider new allegations on appeal, where the dates of all the incidents alleged for the first time on appeal predate the filing of the charge and the appeal provides no reason why these new allegations could not have been alleged in the original charge or in an amended charge.