EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS – Grievances/Grievance Procedure

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HEERA section 3580.5 protects the rights of nonsupervisory employees to collective-bargaining representatives who are single-minded in their loyalty to the employees’ interests, by ensuring that the employer cannot “sit on both sides of the table” in collective bargaining or grievance proceedings. While employees may choose to form, join or participate in the activities of employee organization, or refrain from doing so, their freedom to select a representative does not extend to organizations or individuals who act on behalf of the employer. An employer may violate HEERA Section 3580.5 when it permits an individual to “sit on both sides of the table” as both a representative of employees and as an agent of the employer with influence over personnel policies or practices. Allegations that a higher education employer has violated HEERA Section 3580.5 by allowing a supervisor to represent a nonsupervisory employee in collective bargaining or grievance proceedings may be brought as “interference” allegations under HEERA section 3571 (a).