PARTIES; DEFINITIONS; WHO IS AN EMPLOYER? – In General

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The Board found that the Office of the Inspector General (OIG) was acting as the employer of correctional officers when OIG interviewed them pursuant to a Senate Rules Committee-authorized review of the practices at a state prison. The subject-matter of the interviews—the officers’ observations during their work at the prison—were work-related. Although OIG did not conduct the interviews at the request of the Department of Corrections and Rehabilitation (CDCR), CDCR management cooperated with and supported the interviews. OIG coordinated with local prison management to have the officers made available for the interviews, and directed officers to report at a specified time and place for the interviews. OIG held the interviews at the officers’ job sites, before or during the officers’ on-duty time. Moreover, some OIG agents apparently recognized the validity of the officers’ requests for representation and permitted their union representatives to participate in and record the interviews. (p. 20.)