EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS – In General

Single Topic for Decision 2660S

View all topics for Decision 2660S

Full Decision Text (click on the link to view): Full Text

To prove a violation of the right to representation in an investigatory or disciplinary interview, the charging party must establish that: (1) the employee or representative invoked the right to representation on behalf of the employee; (2) for an investigatory meeting; (3) which the employee reasonably believed might result in disciplinary action; and (4) the employer denied the request. Because California law affords employee organizations a statutory right to represent employees in their employment relations, the same elements can be used to demonstrate that an employer violated both an employee’s right to be represented and the union’s right to represent the employee. (p. 25.)