Decision 2231M – Stanislaus Consolidated Fire Protection District
SA-CE-711-M
Decision Date: January 20, 2012
Decision Type: PERB Decision
Description: The charge alleged that the Stanislaus Consolidated Fire Protection District violated its duty to negotiate in good faith when it unilaterally eliminated a negotiated contract provision relating to union access rights and retaliated against bargaining unit members for having engaged in protected activity of filing grievances by eliminating union access rights and the Union Time Bank.
Disposition: The Board issued a decision reversing a partial dismissal of the charge and remanding the matter to the Office of the General Counsel for issuance of a complaint, concluding that the respondent committed an unlawful unilateral change by repudiating a negotiated contract provision relating to union access rights after the parties had reached tentative agreement and retaliated against unit members for having engaged in protected activities by eliminating union access rights and the Union Time Bank.
Perc Vol: 36
Perc Index: 111
Decision Headnotes
300.05000 – Grievances
Filing a grievance is one protected activity.
401.04000 – Access – Union Right
Where charge alleged that respondent removed a negotiated provision of the expired memorandum of understanding relating to union access rights and eliminated the Union Time Bank in response to the filing of grievances by individual unit members, such allegations are sufficient to state a prima facie case of interference in that the overall effect of the respondent’s conduct was to discourage employees from utilizing the grievance procedures and asserting their rights under the statutory scheme and, therefore, tended to or did result in harm to employee rights under the Carlsbad interference standard.
501.01000 – In General; Elements of Prima Facie Case
Where charge alleged that respondent removed a negotiated provision of the expired memorandum of understanding relating to union access rights and eliminated the Union Time Bank in retaliation for the filing of grievances by unit members, the charge stated a prima facie case of discrimination/retaliation for having engaged in protected activities.
503.15000 – Other
Where charge alleged that the respondent removed a negotiated provision of the expired memorandum and eliminated the Union Time Bank, the charge alleged sufficient facts to satisfy the adverse action element of the prima facie case of discrimination/retaliation under the reasonable person standard.
504.14000 – Other/In General
Where adverse action, the elimination of the Union Time Bank, occurred when a grievance was denied at Step III, the proximity in timing establishes evidence of unlawful motivation for purposes of satisfying the nexus element of the prima facie case of discrimination/retaliation.
602.03000 – Change In Policy
Where charge alleged that respondent repudiated a provision of the expired memorandum of understanding relating to union access rights without providing notice or opportunity to bargain, claiming it had the right to do so under the management rights clause of the expired memorandum of understanding, the charge alleged sufficient facts to state a prima facie case of unlawful unilateral change in terms and conditions of employment.