EMPLOYER INTERFERENCE, RESTRAINT, COERCION; DEFENSES – Union Consent or Waiver

Single Topic for Decision 2822E

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The bargaining unit employees did not waive their confidentiality interest by providing information about their communications with the union president to the District. As part of the disclosures in the dismissal appeal, the bargaining unit member produced the union president’s notes from a meeting with the bargaining unit member as well as e-mail correspondence between the bargaining unit member and the union president. PERB found that this may have weakened the bargaining unit member’s confidentiality interest as to these particular communications, it did not amount to a blanket waiver of confidentiality as to all of bargaining unit member’s communications with the union president. Regarding the other bargaining unit members alleged waiver of confidentiality in their communications with the union president, the District provided no citations to the record for this argument, and PERB therefore need not consider it.