EMPLOYER INTERFERENCE, RESTRAINT, COERCION; DEFENSES – Failure to Exhaust Administrative Remedies

Single Topic for Decision 2822E

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PERB rejected the District’s argument that because the union did not move to quash the deposition subpoena nor instruct the union president not to answer the questions objected to, it failed to exhaust its administrative remedies and therefore was barred from bringing the charge. A charging party is not required to exhaust all administrative remedies in another forum prior to filing a charge alleging interference. In this case, the union attorney objected to questions individually and lodged a standing objection to any questions about communications protected by associational privacy. PERB found those objections sufficient to preserve the issue for review.