Decision I055M – County of San Joaquin (Health Care Services)
SA-CE-6-M
Decision Date: September 5, 2001
Decision Type: PERB Decision
Perc Vol: 25
Perc Index: 32109
Decision Headnotes
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.
401.01000 – 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.
501.01000 – 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.
504.04000 – 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.
504.05000 – 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.
504.07000 – 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.
1207.01000 – 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.
1207.02000 – 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.
1303.01000 – 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.