UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES – Insistence on Union Representation

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Because charging party has not alleged that an individual was an officer, representative or agent of the exclusive representative, and, in fact, admitted that the individual was not authorized to act on behalf of the exclusive representative, charging party has not sufficiently alleged that s/he engaged in protected activity by requesting the presence of that individual at an investigative meeting. p. 35. Although EERA guarantees public school employees the right to act in concert with other employees for the purpose of bargaining collectively or for providing mutual aid or protection to one another, where a majority of employees in an appropriate unit has chosen a representative, EERA expressly limits the rights of all unit employees, including their rights to self-representation and to act in concert with others, to further the statutory scheme of collective bargaining through exclusive representation. pp. 36-37.