PERB: OPERATION, JURISDICTION, AUTHORITY; CONSTITUTIONALITY OF EERA, DILLS, HEERA – In General

Single Topic for Decision 2440E

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EERA section 3543, subdivision (a), guarantees public school employees representational rights that are at the least as broad as those afforded private sector employees under NLRB v Weingarten, Inc. (1975) 420 U.S. 251. Because supervisor questioned employee about her whether she understood his instructions and intended to follow them, where employee had previously refused to do so, meeting was “investigative” within the meaning of Weingarten and federal authorities and it was unnecessary for PERB to determine whether meeting constituted “highly unusual circumstances” within the meaning of broader California law.