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

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408.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS
408.01000 – In General

Representational rights normally do not arise during a routine conversation in which a supervisor corrects work technique or gives instruction, assignment, direction, or training. (Capistrano Unified School District (2015) PERB Decision No. 2440, p. 19.) “Even though such meetings may involve some amount of ‘questioning’ in the course of providing instructions or guidance to an employee, such interactions typically do not give rise to a right to representation,” because the employee usually has no reasonable basis to fear that discipline will flow from answering standard work-related questions. (Ibid.) What may begin as a “routine” interaction can transform into an “investigatory” or “disciplinary” interview, even where no such purpose was intended by the employer. (Id. at p. 20.) Thus, “regardless of how a meeting may be characterized or envisioned by management, if it serves to elicit incriminating evidence with the potential to impact the employment relationship, then it is ‘investigatory.’” (Ibid.) (pp. 18-19.)