UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES – Speech

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Steward’s dismissive gesture towards a supervisor in the course of her representational activities was protected speech and conduct. Party representatives are accorded significant latitude in their representational speech and conduct. Employee speech and conduct are protected under the Dills Act when related to matters of legitimate concern to employees. Discipline for such speech is appropriate only when the employer demonstrates that the speech or action was so disruptive as to lose its presumptively protected status.