Decision 2407H – Trustees of the California State University (San Marcos)
Decision Date: January 13, 2015
Decision Type: PERB Decision
Description: The complaint alleged that respondent violated HEERA when it denied charging parties overtime opportunities made available to other employees because of their exercise of protected rights.
Disposition: The ALJ concluded that charging parties failed to prove retaliation and dismissed the complaint and underlying charge.
The Board affirmed the proposed decision and adopted it as the decision of the Board itself as supplemented by a discussion of the charging parties’ exceptions.
Perc Vol: 39
Perc Index: 86
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.
504.04000 – 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.