UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES – Individual/Concerted/Activities/Self-Representation
Single Topic for Decision 1263H
Full Decision Text (click on the link to view): Full Text
300.04000 – Individual/Concerted/Activities/Self-Representation
PERB has held that an "employee's right to engage in concerted activity may permit some leeway for impulsive behavior, which must be balanced against the employer's right to maintain order and respect." An activity loses its protected character, when the activity is "opprobrious, flagrant, insulting, defamatory, insubordinate, or fraught with malice"; p. 46. An employer may expect that employee activity be carried out in a lawful manner through the pursuit of lawful means; p. 47; Notices asserting "possible" sick leave are protected.