Successful Unfair Practice Charge In Retaliation Case

CSUEU has won an unfair practice charge against the CSU, in a retaliation case involving an Equipment Technician II at CSU San Diego. PERB (Public Employment Relations Board) found that the CSU had retaliated against an employee because of protected activity, and ordered the CSU to rehire him with back pay.

From the decision:

ORDER

Upon the entire record in this matter, the Public Employment Relations Board finds that the Trustees of the California State University (CSU) violated the Higher Education Employer- Employee Relations Act (HEERA), Government Code section 3571(a), by failing to rehire Terrence Ireland (Ireland) in retaliation for filing grievances and an unfair practice charge.

Pursuant to HEERA section 3563.3, it is hereby ORDERED that CSU, its governing board and its representatives shall:

1. CEASE AND DESIST FROM:
   1. Retaliating against employees because of their protected activities; and
   2. Failing to rehire Ireland.
2. TAKE THE FOLLOWING AFFIRMATIVE ACTIONS DESIGNED TO EFFECTUATE THE POLICIES OF THE HEERA:
   1. Offer to Ireland reinstatement to his former position of employment, or if that position no longer exists, then to a substantially similar position.
   2. Make Ireland whole for losses which he suffered as a result of CSU's failure to rehire him, including back pay from May 2005 to the date of the offer of reinstatement.
   3. Within ten (10) workdays following the date this Decision is no longer subject to appeal, post at all work locations where Notices to employees of CSU are customarily posted, copies of the Notice attached hereto as an Appendix. The Notice must be signed by an authorized agent of CSU, indicating that CSU will comply with the terms of this Order. Such posting shall be maintained for a period of thirty (30) consecutive workdays. Reasonable steps shall be taken to ensure that the Notice is not reduced in size, altered, defaced, or covered with any other material.
   4. Written notification of the actions taken to comply with this Order shall be made to the General Counsel of the Public Employment Relations Board, or the General Counsel's designee. CSU shall provide reports, in writing, as directed by the General Counsel or his/her designee. All reports regarding compliance with this Order shall be concurrently served on the California State Employees Association.

Editor's Note: CSUEU is part of CSEA, which is why this PERB decision identifies CSEA as the charging party.

Links:

• PERB Decision 1970H: CSEA v. CSU (PERB) [PDF]
• Filing an Unfair Practice Charge (PERB)
• Higher Education Employer-Employee Relations Act (PERB)