UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES – Speech
Single Topic for Decision 1979C
Full Decision Text (click on the link to view): Full Text
300.15000 – Speech
* * * OVERRULED IN PART by Napa Valley Community College District (2018) PERB Decision No. 2563, where the Board held that employees who have access to an employer’s e-mail system as part of their job duties have a right to use that system to engage in EERA-protected communications on nonwork time. * * *
An e-mail about union matters is protected activity only if it falls within the range of permissible non-business use under the employer’s e-mail use policy. Employee’s union e-mails to entire countywide bargaining unit were not protected activity because employer policy prohibited broadcast e-mails. Employee’s union e-mail to group of 55 unit members in the same courthouse was protected activity because it fell within the range of non-business e-mail use allowed by the employer.