Decision 2539M – County of Santa Clara * * * OVERRULED IN PART by County of San Joaquin (2021) PERB Decision No. 2761-M * * *


Decision Date: October 17, 2017

Decision Type: PERB Decision

Description:  Charging Party alleged that the County violated the MMBA retaliating against the Association President by prohibiting his ability to trade shifts and failing or refusing to provide information to the Association regarding a proposed background evaluation process for incumbent officers.

Disposition:  The ALJ found that the Association president engaged in protected activities, the County had knowledge of the protected activity, the County took adverse action against him by imposing a blanket ban on his ability to trade shifts and that the County took action against him because of his protected activity.  However, the ALJ found the County did not violate the MMBA because it would have imposed the adverse action even if he had not engaged in protected activity.  The Board reversed the proposed decision finding that the record failed to support the County’s claim that it would have acted regardless of the Association president’s protected activity.  The Board further found that, as an unalleged violation and by the same conduct, the County interfered with the Association’s ability to communicate with its members.

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Perc Vol: 42
Perc Index: 49

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