UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES – Other

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300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.17000 – Other

* * * 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.