UNION UNFAIR PRACTICES;RESTRAINT, COERCION, INTERFERENCE OR DISCRIMINATION – In General
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801.01000 – In General
To state a prima facie case of interference under HEERA, a charging party must establish that the respondent's conduct tends to or does result in some harm to employee rights granted under HEERA. A violation may only be found if HEERA provides the claimed rights. HEERA section 3565 grants employees the right to participate in the activities of their employee organization or to refuse to join the employee organization or participate in its activities. HEERA section 3562(f)(2) expressly excludes the Academic Senate from the definition of employee organization. Thus, rights involving faculty participation in the Academic Senate are not covered by HEERA. Charging Parties have not demonstrated that the Association interfered with their protected rights under HEERA when the Association informed the Academic Senate that it continued to negotiate with the University over implementation of SB 1212.