Headnote for 0214E, 700.04000 - Management Aid or Instigation in Forming Unions Committees, Etc.; Statements in General; Free Speech - California Public Employment Relations Board

EMPLOYER DOMINATION OR ASSISTANCE; DOMINATION OF OR ASSISTANCE TO LABOR ORGANIZATIONS – Management Aid or Instigation in Forming Unions Committees, Etc.; Statements in General; Free Speech

Single Topic for Decision 0214E

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700.00000 – EMPLOYER DOMINATION OR ASSISTANCE; DOMINATION OF OR ASSISTANCE TO LABOR ORGANIZATIONS
700.04000 – Management Aid or Instigation in Forming Unions Committees, Etc.; Statements in General; Free Speech

Section 3543.5(d) violation found where: District suggested to employees that they form a "Supervisory Council" when it was aware of representation effort by another union on behalf of supervisory employees; District met on regular basis with the Council, during working hours, on District facilities; the Council in effect negotiated with the District over matters within scope of representation; other union was excluded from the negotiation process; during election campaign, superintendent announced if the other union won, "discussions" (negotiations over items discussed with Council) would have to start all over again. Fact that Council was not a petitioner in the election does not affect finding of violation; pp. 4-5.