UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES – Speech

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EERA generally protects union and employee speech related to legitimate labor and employment concerns. (Chula Vista Elementary School District (2018) PERB Decision No. 2586, p. 15.) For instance, an employee is typically protected in criticizing management, working conditions, or union leadership, if the criticism relates to advancing employee interests or is a logical extension of group activity. (Ibid.) Because labor and employment disputes tend to engender ill feelings and strong responses, the parties are afforded wide latitude to engage in “uninhibited robust, and wide-open debate” during those disputes. (City of Oakland (2014) PERB Decision No. 2387-M, p. 23.) Public employees’ right to engage in concerted activities therefore permits them some leeway for “impulsive” and “intemperate” behavior, including moments of “animal exuberance.” (Ibid.)