REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS – Notices; Posting, Reading, and Mailing
Single Topic for Decision 2351M
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1205.03000 – Notices; Posting, Reading, and Mailing
Because the unfair practice committed in this case involved the employer’s direct communications via mass email to bargaining unit employees, the Board reviewed and updated PERB’s traditional posting requirement to conform to the realities of the 21st-century workplace. Where the offending party in unfair practice proceedings regularly communicates with employees by email, intranet, websites, or other electronic means, it shall be required to use those same media to post notice of the Board’s decision and remedial order in addition to PERB’s traditional physical posting requirement. Pursuant to its authority to inform employees of their rights and its discretion to determine the circumstances and methods best suited for accomplishing this task, the Board may expand the usual requirement that a respondent post notice of its unfair practices beyond the immediately affected employees to reach employees in other bargaining units whose rights were affected by the same unlawful conduct. Because the City’s unlawful transfer of bargaining unit work caused employees to “bump” into lower classifications in other bargaining units, the City was required to post notice designed to reach employees in all affected bargaining units.