Decision 2231M – Stanislaus Consolidated Fire Protection District

SA-CE-711-M

Decision Date: January 20, 2012

Decision Type: PERB Decision

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Perc Vol: 36
Perc Index: 111

Decision Headnotes

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.05000 – Grievances

Filing a grievance is one protected activity.

401.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS
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.

501.00000 – EMPLOYER DISCRIMINATION; DISCRIMINATION
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.

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
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.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.03000 – Contract Repudiation or Breach

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.