Decision 2490M – County of San Joaquin
SA-CE-804-M
Decision Date: June 30, 2016
Decision Type: PERB Decision
Description: Exclusive representative of public employees excepted to a proposed decision which dismissed a complaint and unfair practice charge alleging that a public employer had unilaterally eliminated an established practice of permitting employees with childcare responsibilities to arrive late to work and make up the time during their lunch period.
Disposition: Exclusive representative of public employees excepted to a proposed decision which dismissed a complaint and unfair practice charge alleging that a public employer had unilaterally eliminated an established practice of permitting employees with childcare responsibilities to arrive late to work and make up the time during their lunch period.
Perc Vol: 41
Perc Index: 29
Decision Headnotes
602.01000 – In General
Charging party failed to prove its prima facie case that public employer unilaterally eliminated an established practice of providing flexible schedules for bargaining-unit employees with child care responsibilities, where evidence failed to show that practice was known to and condoned by any manager besides a low-level supervisor who admittedly acted outside her authority when approving schedule changes.
602.06000 – Change in Past Practice
Charging party failed to prove its prima facie case that public employer unilaterally eliminated an established practice of providing flexible schedules for bargaining-unit employees with child care responsibilities, where evidence failed to show that practice was known to and condoned by any manager besides a low-level supervisor who admittedly acted outside her authority when approving schedule changes. Board declined to disturb ALJ’s credibility determinations to resolve conflicting evidence on whether the employer’s managers were aware of an alleged practice of permitting flexible schedules for employees with childcare responsibilities where evidence in the record as a whole supported ALJ’s factual findings and credibility determinations.
604.01000 – In General
Board affirmed and adopted dismissal of allegation that employer failed to provide necessary and relevant information where record contained no evidence on whether the employer provided the requested information.
1105.03000 – Burden of Proof; Weight of Evidence; Presumptions and Inferences; Affirmative Defenses
Board declined to disturb ALJ’s credibility determinations to resolve conflicting evidence on whether the employer’s managers were aware of an alleged practice of permitting flexible schedules for employees with childcare responsibilities where evidence in the record as a whole supported ALJ’s factual findings and credibility determinations.
1107.02000 – Weight Given to ALJ’s Proposed Decision: Findings, Conclusions, Credibility Resolutions
Board declined to disturb ALJ’s credibility determinations to resolve conflicting evidence on whether the employer’s managers were aware of an alleged practice of permitting flexible schedules for employees with childcare responsibilities where evidence in the record as a whole supported ALJ’s factual findings and credibility determinations.