Decision 0810S – State of California (Department of Parks and Recreation) * * * OVERRULED by multiple decisions, as recognized in State of California (Department of Corrections and Rehabilitation) (2024) PERB Decision No. 2926-S, pp. 16-19 * * *
S-CE-443-S
Decision Date: June 4, 1990
Decision Type: PERB Decision
Perc Vol: 14
Perc Index: 21114
Decision Headnotes
1101.01000 – In General
* * * OVERRULED by multiple decisions, as recognized in State of California (Department of Corrections and Rehabilitation) (2024) PERB Decision No. 2926-S, pp. 16-19 because relied on notion that deferral was jurisdictional rather than discretionary, applied standards that are now superseded, and improperly bifurcated interrelated claims. * * *
Since contract provision mirrors language of 3519(a), claim of denial of "Weingarten rights" deferred to arbitration, but concurrent claim of denial of employee organization rights not covered by contract is not deferred; pp. 4-7.
408.03000 – Investigatory Interviews
* * * OVERRULED by multiple decisions, as recognized in State of California (Department of Corrections and Rehabilitation) (2024) PERB Decision No. 2926-S, pp. 16-19 because relied on notion that deferral was jurisdictional rather than discretionary, applied standards that are now superseded, and improperly bifurcated interrelated claims. * * *
Denial of "Weingarten rights" constitutes interference with protected rights and, therefore, violates 3519(a); since contract provision mirrors language of 3519(a), claim of denial of "Weingarten rights" deferred to arbitration, but concurrent claim of denial of employee organization rights not covered by contract is not deferred; pp. 4-6.