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

SA-CE-6-M

Decision Date: September 5, 2001

Decision Type: PERB Decision

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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.