EMPLOYER INTERFERENCE, RESTRAINT, COERCION; EMPLOYER INTERFERENCE WITH, RESTRAINT, OR COERCION OF EMPLOYEES – In General; Standards

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In the area of employer rules and directives, PERB does not look favorably on broad, vague directives that might chill lawful speech or other protected conduct. (Los Angeles Community College District (2014) PERB Decision No. 2404, p. 6 (LACCD).) In LACCD, the employer placed an employee on leave while it initiated a fitness-for-duty examination. (Id. at p. 2.) In doing so, it issued the employee a letter that stated, “You are hereby directed not to contact any members of the faculty, staff or students.” (Ibid.) The Board held the directive interfered with the employee’s rights under EERA because it could reasonably be construed to prohibit the employee from participating in a variety of protected activities, including discussing his working conditions with his coworkers. (Id. at p. 9.) It further held the employer did not meet its burden to establish why the directive was necessary to preserve the integrity of its investigation. (Id. at p. 13.)