Decision 2258M – County of San Diego

LA-CE-677-M

Decision Date: April 26, 2012

Decision Type: PERB Decision

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Perc Vol: 36
Perc Index: 169

Decision Headnotes

501.00000 – EMPLOYER DISCRIMINATION; DISCRIMINATION
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.

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
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.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
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.

505.00000 – EMPLOYER DISCRIMINATION; DEFENSES
505.12000 – Lack of Knowledge of Protected Activity

Charge failed to establish who made decision to transfer employee and whether those people were aware of his protected activities.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
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.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
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.

1109.00000 – CASE PROCESSING PROCEDURES; ISSUES ON APPEAL
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.