UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES – Other
Single Topic for Decision 1263H
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300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.17000 – Other
300.17000 – Other
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.