EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS – Released Time

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San Mateo County Community College District (1993) PERB Decision No. 1030 (San Mateo) held that a union cannot prevail in a PERB charge alleging that its negotiated agreement provides a substandard “quantity” of release time. (Id. at p. 16 (emphasis supplied).) County of Riverside (2013) PERB Decision No. 2307-M (Riverside I) clarified San Mateo in an important respect, limiting its holding to its specific context—a union challenging an agreement’s provision as to the quantity of allowable release time. (Riverside I, at pp. 29-30.) Taking San Mateo and Riverside I together, the Board further clarified that a union cannot challenge an operative collective bargaining agreement setting the number of employees released for bargaining or the quantity of allowable release time, as those topics are bargainable. In contrast, the right to receive release time without loss of compensation or other benefits is a non-waivable minimum statutory guarantee. (pp. 7-8.)