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March 12, 2021

Appellate Court Orders Fire Fighter Reinstated, Upholding PERB Ruling That Termination Was Retaliatory

A California appellate court upheld a California Public Employment Relations Board (PERB) decision that the City of South Pasadena dismissed fire fighter Cliff Snider in retaliation for his union activities as president of the South Pasadena Fire Fighters’ Association, International Association of Fire Fighters, Local 3657.
Home » News » Appellate Court Orders Fire Fighter Reinstated, Upholding PERB Ruling That Termination Was Retaliatory

Fri, 03/12/2021

A California appellate court upheld a California Public Employment Relations Board (PERB) decision that the City of South Pasadena dismissed fire fighter Cliff Snider in retaliation for his union activities as president of the South Pasadena Fire Fighters’ Association, International Association of Fire Fighters, Local 3657. President Snider is represented by MSE Partner Diana Nobile.

The City of South Pasadena terminated President Snider’s employment in December 2016 after he demanded to bargain over the City’s imposition of a light duty policy never before applied to the Fire Department. The City opened an investigation into Snider days after the demand to bargain, claiming the investigation was into conduct known to the Department for months before Snider’s protected union conduct.

On February 26, 2021, the Court of Appeal for Division One of the Second Appellate District upheld PERB’s finding that the timing of the City’s actions and disparate treatment of President Snider amounted to retaliation. Additionally, the Court found that the outstanding performance evaluation the City issued to President Snider after the City knew about Snider’s alleged misconduct, but before his protected union conduct demonstrated that the City engaged in retaliation.

As a remedy, President Snider will be returned to work with full backpay owed as a result of the City’s unlawful action.

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