UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES – In General

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Right of employees under EERA section 3543, subdivision (a), to participate in activities of employee organizations does not include absolute right to attend negotiations between the exclusive representative and the public school employer. By enacting EERA section 3549.1, the Legislature intended that negotiations would be attended only by the parties’ designated representatives, absent an agreement or established practice to the contrary. pp. 29-34. Similar to union access and released time for employee representatives, PERB regards employee rights to communicate, solicit and distribute information at work as encompassing both statutory rights and negotiable matters. The statutory right of employees to be represented by employee organizations generally includes the right to communicate with one another about working conditions, to show allegiance to the organizations of their choice and to express solidarity with other employees for the purpose of representation or for other mutual aid or protection.