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

An exclusive representative has the right to represent a bargaining unit employee, and the employee has a corresponding right to union representation, during an investigatory meeting that the employee reasonably believes might result in discipline, as well as in non-investigatory meetings held under other “highly unusual circumstances.” (Capistrano Unified School District (2015) PERB Decision No. 2440, pp. 10-16.) Applying this rule, the Board has held that representational rights arise at meetings that may significantly impact the employer-employee relationship, such as an interactive process meeting about accommodating an employee’s disability or a meeting about an employee’s request for job audit forms that could lead to a reclassification or salary adjustment. (Sonoma County Superior Court (2015) PERB Decision No. 2409-C, pp. 12 & 20-24; Regents of the University of California (1984) PERB Decision No. 403-H, p. 10.) (pp. 17-18.)