EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH STRIKES AND PICKETING: LOCKOUTS – In General

Single Topic for Decision 1725E

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Statutorily protected rights, such as the right to engage in non-disruptive informational picketing, can be divested by employees or their exclusive representative by a clear and unmistakable waiver. The Association waived its right to hold an informational meeting after a scheduled mediation session when the Association’s representative committed to the District not to hold the meeting at that time. The District therefore did not interfere with the Association’s rights by threatening to cancel a scheduled mediation session if the Association proceeded with its informational meeting in front of District offices. The District interfered with the Association president’s rights by attempting to bar the Association from directly contacting its health plan administrator. The Association has a duty to ensure that unit members were informed of the changes in the new health plans under consideration because it is entitled to information sufficient to enable it to understand and intelligently discharge its duty to represent bargaining unit members.