Decision 2888Sa – State of California (California Correctional Health Care Services)
SA-CE-2198-S
Decision Date: November 24, 2025
Decision Type: PERB Decision (Non-Precedential)
Description: This matter came before the Public Employment Relations Board for a second time. CCHCS terminated one of its pharmacists, Sean Kane, but the State Personnel Board later reduced the discipline to a 30-day suspension. In an initial proposed decision, the administrative law judge (ALJ) found the termination retaliated against Kane for protected activity, while also finding that CCHCS would have suspended Kane for at least 30 days even absent any protected activity. The Board’s first decision in this case, State of California (California Correctional Health Care Services) (2024) PERB Decision No. 2888-S (CCHCS), found the record was insufficient to decide what level of discipline CCHCS would have chosen absent protected activity. The Board remanded for further proceedings on that issue. (Id. at p. 34.) After remand, the ALJ found that CCHCS would have issued Kane at least a 30-day suspension even absent protected activity. The ALJ ordered CCHCS to rescind the termination to the extent it had not already done so, as well as cease and desist from further retaliation. CCHCS filed exceptions, arguing that the case should be dismissed.
Disposition: In a non-precedential decision, the Board exercised its discretion to close the case given its unusual facts and procedural posture.
Perc Vol: 50
Perc Index: 93
Decision Headnotes