Decision 2943H – Trustees of the California State University (San Jose)
SF-CE-1329-H
Decision Date: February 18, 2025
Decision Type: PERB Decision (Non-Precedential)
Description: Katarzyna Tarnowska filed an unfair practice charge against the Trustees of the California State University (San Jose) (CSU) alleging that CSU violated the Higher Education Employment Relations Act (HEERA) when it took the following adverse actions because of Tarnowska’s protected activity: (1) placed Tarnowska on administrative leave pending investigation and disciplinary action; (2) denied Tarnowska’s request for retention and placing her in a terminal year appointment, thus ending her employment; (3) issued a Reverification Notice of Employment Eligibility, which provided a one-day deadline to produce documentation of work authorization or face termination of employment; (4) issued Tarnowska a letter of reprimand; and (5) issued an assignment memorandum to Tarnowska, which required her to participate in meetings and teach all of her classes in person on campus. Following a formal hearing, a PERB Administrative Law Judge (ALJ) found that Tarnowska established a prima facie case with respect to some of the complaint allegations, but ultimately dismissed these allegations because CSU established that it would have taken the same action absent Tarnowska’s protected activity. The ALJ dismissed the remaining allegations for failure to establish a prima facie violation. Tarnowska filed exceptions to the ALJ’s proposed decision.
Disposition: In a non-precedential decision, the Board affirmed the ALJ’s proposed decision. The Board found that ample record evidence supported CSU’s affirmative defense that it would have placed Tarnowska on administrative leave, denied her request for retention, and issued her a Letter of Reprimand even absent Tarnowska’s grievance filings and California Faculty Association service.
Perc Vol: 49
Perc Index: 139
Decision Headnotes