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

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As part of protected representation rights, the union and the represented employee have the right to receive information about the nature of any alleged wrongdoing sufficiently in advance of the investigative interview to allow for consultation before, and thus meaningful representation during, the interview. (Contra Costa Community College District (2019) PERB Decision No. 2652, pp. 26-30.) The employer must provide more than merely a vague summary such as “a vehicle accident you were involved in on [a specific date],” or “insubordination and/or sabotaging of the [employer’s] mission.” (Id. at p. 27.) After receiving sufficient information, the union and employee have the right to consult for an amount of time that is reasonable given the nature of the allegations and the information provided. (Id. at pp. 29-30.) Assessing such issues is typically fact intensive. (Id. at p. 30.) (pp. 8-9.)