EMPLOYER INTERFERENCE; RESTRAINT, COERCION; SURVEILLANCE – In General; Unlawful Surveillance

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An employer engages in unlawful surveillance when the employer photographs or videotapes employees or openly engages in recordkeeping of employees participating in union activities. (Lake Tahoe Unified School District (1999) PERB Decision No. 1361, adopting warning letter at p. 2.) “Photographing and recordkeeping are proscribed because of their ‘tendency to intimidate.’” (County of San Bernardino (2018) PERB Decision No. 2556-M, p. 20.) Here, the Board found that the employer engaged in unlawful surveillance when it photographed union representatives interacting with bargaining unit employees in front of the main entrance to a medical center and when, during a meeting of union representatives and bargaining unit members in the medical center’s cafeteria, it created the impression that it was transmitting, and possibly recording, audio. (pp. 42-48.)