Decision 2350M – County of Orange

LA-CE-667-M

Decision Date: December 23, 2013

Decision Type: PERB Decision

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Perc Vol: 38
Perc Index: 100

Decision Headnotes

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.14000 – Other/In General

In asserting that charging party was given insubstantial assignments depriving him of the opportunity to promote to a classification that would not be subject to a layoff, charging party failed to establish nexus between the protected activities of participating in the grievance process and seeking the assistance of the exclusive representative and the adverse action of being laid off; the assignments and failure to promote were made necessary by charging party’s prior misconduct for dishonesty, for which he was suspended for six months, and were not motivated by an unlawful purpose.