EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS – In General
Single Topic for Decision 1481E
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408.01000 – In General
* * * OVERRULED by Sonoma County Superior Court (2015) PERB Decision No. 2409-C, where the Board held that the right to representation under public sector statutes is broader than in private sector, and includes the right to have a union representative present upon the employee’s request at an interactive process meeting convened to explore possible reasonable accommodations to an employee’s disability. * * *
“Weingarten” rights not implicated by employer’s refusal to allow presence of union representative at meeting requested by employees, where there were no allegations indicating a disciplinary purpose, or existence of “highly unusual circumstances.”