Decision 2407H – Trustees of the California State University (San Marcos)

LA-CE-1185-H

Decision Date: January 13, 2015

Decision Type: PERB Decision

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Perc Vol: 39
Perc Index: 86

Decision Headnotes

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.11000 – Hours and Overtime, Work Schedules

Adverse action is not established where bargaining unit employees were notified of overtime opportunities by e-mail and charging parties missed out on such opportunities only by virtue of their dislike of e-mail and unwillingness to use their employer-provided iPads.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.04000 – Timing of Action

Where charging parties alleged that the employer deliberately prevented them from learning of overtime opportunities in a timely manner and assigned overtime opportunities only to favored employees, nexus cannot be established where the employer’s method of notifying employees of overtime opportunities was the same as it was before charging parties engaged in protected activity of filing grievances.