Decision 2549H – Trustees of the California State University (San Marcos)


Decision Date: February 16, 2018

Decision Type: PERB Decision

Description:  Charging Party alleged that the Respondent violated the HEERA when it took adverse action against a bargaining unit member by investigating an allegation that he had demanded money from bargaining unit members in retaliation for his engagement in protected activity.  On appeal, the sole exception was whether the ALJ erred in applying PERB’s criteria for finding an unalleged interference violation.

Disposition:  The ALJ issued a proposed decision dismissing the retaliation allegation, bur found an unalleged violation that the Respondent had interfered with the protected rights of bargaining unit members. The Board reversed the proposed decision finding that the record failed to show that the conduct alleged in the unalleged violation was intimately related to the subject matter of the complaint and that the Respondent had adequate notice that the unalleged interference violation was being litigated. 

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Perc Vol: 42
Perc Index: 104

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