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Decision 2960M – City and County of San Francisco

SF-CE-2075-M

Decision Date: May 6, 2025

Decision Type: PERB Decision (Non-Precedential)

Description:  Charging Party Service Employees International Union, Local 1021 (SEIU) alleged that Respondent City and County of San Francisco violated the Meyers-Milias-Brown Act (MMBA) by (1) investigating SEIU Union shop steward and Chapter President Brenda Barros in retaliation for her participation in a YouTube video where she made statements criticizing the City’s Department of Public Health (DPH); and (2) by the same conduct, interfering with SEIU’s and Barros’ rights. After a hearing and closing briefing, the ALJ found that the City retaliated against Barros and interfered with the exercise of employee rights guaranteed by the MMBA, thereby violating MMBA sections 3505 and 3506.5(a). As a remedy, the ALJ ordered, among other things, that the City inform SEIU and Barros in writing that it deemed the employee complaints about Barros’ video to have been formally withdrawn. Both SEIU and the City filed exceptions to the proposed decision. SEIU sought attorneys fees and costs in its exceptions. The City excepted to the ALJ’s finding that its investigation violated the MMBA and that it withdraw employee complaints about the video.

Disposition:  The Board affirmed the proposed decision with a modification to the remedial order removing the requirement that the City deem the employee complaints withdrawn. The Board declined to award SEIU attorney fees and costs.

Perc Vol: 49
Perc Index: 178

Decision Headnotes

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