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

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In Contra Costa Community College District (2019) PERB Decision No. 2652 (Contra Costa), the union did not allege that the employer interfered with representational rights by refusing to provide sufficient information about the accusations to allow meaningful representation. (Id. at p. 30.) Rather, its only claim was for failure to meet and confer in good faith based on the employer’s refusal to provide copies of written complaints against two accused employees. (Ibid.) The Board found no right to obtain such complaints at the investigatory interview stage, though it noted that after the investigatory interview stage and in advance of any pre-deprivation hearing pursuant to Skelly v. State Personnel Bd. (1975) 15 Cal.3d 194, the employer must normally work with the union on any necessary redactions or other privacy accommodations and normally must provide such records. (Contra Costa, supra, pp. 9, 17 & 25.) (p. 11.)