Headnote for 2830S, 408.03 Investigatory Interviews - California Public Employment Relations Board

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

Single Topic for Decision 2830S

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408.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS
408.03000 – Investigatory Interviews

A union has the right to represent an employee it exclusively represents in an investigatory interview, and the employee has a corresponding right to union representation. (Contra Costa Community College District (2019) PERB Decision No. 2652, p. 7 (Contra Costa); Capistrano Unified School District (2015) PERB Decision No. 2440, pp. 10-14; Sonoma County Superior Court (2015) PERB Decision No. 2409-C, pp. 13-14.) Under the Dills Act and the other labor relations statutes PERB enforces, an employer interferes with union and employee representational rights if it does not allow meaningful representation during an investigative interview. (Gov. Code, § 3519, subds. (a) & (b); Contra Costa, supra, PERB Decision No. 2652, p. 26, citing State of California (Department of Corrections) (1998) PERB Decision No. 1297-S, adopting proposed decision at p. 12.) (p. 8.)