Decision 2350M – County of Orange


Decision Date: December 23, 2013

Decision Type: PERB Decision

Description: The complaint alleged that the County of Orange violated the MMBA by dismissing an employee via a layoff in retaliation for engaging in protected activities.

Disposition: The Board affirmed the proposed decision of the administrative law judge concluding that the charging party failed to prove its case and dismissed the complaint and underlying unfair practice charge.

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Perc Vol: 38
Perc Index: 100

Decision Headnotes

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.