UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES – Speech

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EERA protects employee speech if it is “‘related to matters of legitimate concern to the employees as employees so as to come within the right to participate in the activities of an employee organization for the purpose of representation on matters of employer-employee relations.’” (Chula Vista Elementary School District (2018) PERB Decision No. 2586, p. 15 (Chula Vista), quoting Rancho Santiago Community College District (1986) PERB Decision No. 602, p. 12 (Rancho Santiago).) An individual employee’s criticism of management or working conditions is protected activity when its purpose is to advance other employees’ interests or when it is a logical extension of group activity. (Chula Vista, supra, at p. 15, citing Trustees of the California State University (2017) PERB Decision No. 2522-H, p. 16.) Additionally, speech that concerns the “‘autonomy and effectiveness of the exclusive representative’” falls into the category of protected speech. (Chula Vista, supra, at p. 15, citing Rancho Santiago, supra, at p. 12.) Thus, critical statements about union leadership typically are protected. (Chula Vista, supra, at p. 16; Rio School District (2015) PERB Decision No. 2449, adopting proposed decision at p. 24.) (pp. 7-8.)