Decision 2635M – City of Santa Monica * * * VACATED by City of Santa Monica (2020) PERB Decision No. 2635a-M


Decision Date: March 27, 2019

Decision Type: PERB Decision

Description:  Employee Christopher Halvorson (Halvorson) excepted to a proposed decision by an administrative law judge (ALJ) dismissing the complaint and unfair practice charge against Halvorson’s employer, City of Santa Monica (City).  The complaint alleged the City did not promote Halvorson, in retaliation for protected activity under the Meyers-Milias-Brown Act.  The ALJ found that Halvorson did not demonstrate a prima facie case of retaliation and, alternatively that the City demonstrated, as an affirmative defense, that it would have made the same decision for non-discriminatory reasons.

Disposition:  The Board affirmed the proposed decision, and dismissed the complaint and underlying unfair practice charge in Case No. LA-CE-925-M.  The evidence demonstrated that the City met its burden of showing it had legitimate, non-discriminatory reasons to select another candidate for promotion over Halvorson and that it, in fact, acted based on those reasons.

 * * * VACATED by City of Santa Monica (2020) PERB Decision No. 2635a-M * * *

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Perc Vol: 43
Perc Index: 159

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