UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES – Holding Union Office

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MMBA section 3502.1 guarantees substantive, enforceable rights to employees who serve as officers of the bargaining representative. While sections 3502 and 3506 operate in tandem to guarantee employee rights and make them enforceable through unfair practice proceedings, section 3502.1 contains both the prohibition against unlawful employer conduct and the source of the rights protected, i.e., the exercise of lawful action as a representative of an employee bargaining unit. Section 3502.1 was enacted to reinforce employees’ rights to serve as officials of the bargaining representative and to advocate positions against management practices without fear of reprisal.