Decision 2258M – County of San Diego
LA-CE-677-M
Decision Date: April 26, 2012
Decision Type: PERB Decision
Description: The charge alleged the County of San Diego retaliated against an employee by involuntarily transferring him for having engaged in protected activities.
Disposition: The Board upheld the dismissal of the charge for failure to state a prima facie case of retaliation.
Perc Vol: 36
Perc Index: 169
Decision Headnotes
501.01000 – In General; Elements of Prima Facie Case
Charge failed to allege facts establishing: who made decision to transfer employee; whether that person had knowledge of employee’s protected activities; whether involuntary transfer was an adverse employment action; or nexus between protected activities and decision to transfer.
503.05000 – Transfer, Promotion, or Demotion; Work Assignments and Opportunities
Charge failed to establish that employer’s decision to transfer employee resulted in any change in working conditions. Accordingly, there is insufficient information to conclude whether a reasonable person under the same circumstances would find the transfer to be adverse to employment.
504.04000 – Timing of Action
Because charge failed to allege when employee engaged in protected activities, PERB is unable to measure the temporal proximity between protected activity and decision to transfer employee.
501.03000 – Knowledge of Protected Activity
Charge failed to establish who made decision to transfer employee and whether those people were aware of his protected activities.
1100.05000 – Dismissal of Charge; Appeal
Appeal that merely restates facts alleged in original charge but fails to reference any portion of the Board agent’s determination or otherwise identify the specific issues of procedure, fact, law or rationale to which the appeal is taken, the page or part of the dismissal to which appeal is taken, or the grounds for each issue, is subject to dismissal. No good cause to consider new factual allegations provided for the first time on appeal that all predate dismissal letter, where no reason provided why they could not have been alleged in the original charge or in an amended charge.
1107.04000 – Unalleged Violations
Appeal that merely restates facts alleged in original charge but fails to reference any portion of the Board agent’s determination or otherwise identify the specific issues of procedure, fact, law or rationale to which the appeal is taken, the page or part of the dismissal to which appeal is taken, or the grounds for each issue, is subject to dismissal. No good cause to consider new factual allegations provided for the first time on appeal that all predate dismissal letter, where no reason provided why they could not have been alleged in the original charge or in an amended charge.
1109.01000 – In General
Appeal that merely restates facts alleged in original charge but fails to reference any portion of the Board agent’s determination or otherwise identify the specific issues of procedure, fact, law or rationale to which the appeal is taken, the page or part of the dismissal to which appeal is taken, or the grounds for each issue, is subject to dismissal. No good cause to consider new factual allegations provided for the first time on appeal that all predate dismissal letter, where no reason provided why they could not have been alleged in the original charge or in an amended charge.