Decision I055M – County of San Joaquin (Health Care Services)

SA-CE-6-M

Decision Date: September 5, 2001

Decision Type: Injunctive Relief

Description: The Board granted the request for injunctive relief. The underlying unfair practice charge alleged the employer placed an employee on administrative leave to interfere with the union’s organizing campaign. There was a dissent.

Disposition: The Board found reasonable cause exists to believe an unfair practice has been committed by discriminating against an employee because of his union activity and interfering with employee rights by suspending a union leader and ordering him not to talk to fellow employees during a union election. The Board found seeking injunctive relief was just and proper in that the purposes of the Meyers-Milias-Brown Act (MMBA) would be frustrated absent injunctive relief where Board order would be unable to remedy the serious impact of the suspension of the primary union supporter during the election balloting.

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Perc Vol: 25
Perc Index: 32109

Decision Headnotes

104.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD
104.01000 – Authority of Board In General; Validity and Application of Regulations (See also 102.01)

Seeking injunctive relief under Section 3541.3(j) and 3509(a) are appropriate powers of the Board.

401.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS
401.01000 – In General; Prima Facie Case.

Injunctive relief granted where Board found reasonable cause to believe that employer suspended employee because he was union’s primary organizer. Injunctive relief was just and proper because suspension occurred during an election and the impact on the election could not be remedied by the Board at a later time.

501.00000 – EMPLOYER DISCRIMINATION; DISCRIMINATION
501.01000 – In General; Elements of Prima Facie Case

Injunctive relief granted where Board found reasonable cause to believe that employer suspended employee because he was union’s primary organizer. Timing of employee’s suspension during election period coupled with employer’s vague and ambiguous justifications for suspension established the nexus required for a prima facie case.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.04000 – Timing of Action

Injunctive relief granted where Board found reasonable cause to believe that employer suspended employee because he was union’s primary organizer. Timing of employee’s suspension during election period coupled with employer’s vague and ambiguous justifications for suspension established the nexus required for a prima facie case.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.05000 – Union Activity of Discriminatee

Injunctive relief granted where Board found reasonable cause to believe that employer suspended employee because he was union’s primary organizer. Timing of employee’s suspension during election period coupled with employer’s vague and ambiguous justifications for suspension established the nexus required for a prima facie case.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.07000 – No reason or Inconsistent Reasons Given; Shifting Justifications

Injunctive relief granted where Board found reasonable cause to believe that employer suspended employee because he was union’s primary organizer. Timing of employee’s suspension during election period coupled with employer’s vague and ambiguous justifications for suspension established the nexus required for a prima facie case.

1207.00000 – REMEDIES FOR UNFAIR PRACTICES; INJUNCTIVE RELIEF
1207.01000 – In General

Injunctive relief granted where Board found reasonable cause to believe that employer suspended employee because he was union’s primary organizer. Injunctive relief was just and proper because suspension occurred during an election and the impact on the election could not be remedied by the Board at a later time.

1207.00000 – REMEDIES FOR UNFAIR PRACTICES; INJUNCTIVE RELIEF
1207.02000 – Standards for Obtaining Injunctive Relief

Injunctive relief granted where Board found reasonable cause to believe that employer suspended employee because he was union’s primary organizer. Injunctive relief was just and proper because suspension occurred during an election and the impact on the election could not be remedied by the Board at a later time.

1303.00000 – REPRESENTATION ISSUES; ELECTIONS
1303.01000 – In General

Injunctive relief granted where Board found reasonable cause to believe that employer suspended employee because he was union’s primary organizer. Injunctive relief was just and proper because suspension occurred during an election and the impact on the election could not be remedied by the Board at a later time.