All notes for Subtopic 300.03000 – Activities for Nonexclusive Representative – Protected Right
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 2904E |
Clovis Unified School District
300.03000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Activities for Nonexclusive Representative - Protected Right
A nonexclusive representative, whether or not it is seeking to ultimately be certified as an exclusive representative, has the right to receive advance notice of contemplated changes in fundamental employment terms or conditions, as well as the right to meet and discuss with the employer before it reaches a decision on such matters. (Alliance College-Ready Public Schools, et al. (2020) PERB Decision No. 2716, p. 20.) In such discussions, the employer need not engage in the full breadth of bargaining as it must with an exclusive representative, but it must listen and consider proposals in good faith. (Id. at pp. 23-24.) Furthermore, a nonexclusive representative has the right to information it needs to meet and discuss in good faith, to evaluate grievances, or to pursue administrative or legal remedies on behalf of employees. (Regents of the University of California (1999) PERB Decision No. 1354-H, adopting proposed decision, pp. 45-48; Santa Monica Community College District (1979) PERB Decision No. 103, p. 15.) However, because an employer has greater legal obligations to an exclusive representative than to a nonexclusive representative, the duty of strict neutrality does not always require an employer to afford the latter type of organization all the same privileges as the former. (Clovis Unified School District (2021) PERB Order No. IR-63, pp. 22-23, fn. 14; County of San Bernardino (2018) PERB Decision No. 2556-M, p. 10, fn. 11 & pp. 18-19; West Contra Costa Healthcare District (2010) PERB Decision No. 2145-M, p. 22.) (pp. 6 & 45, fn. 11.) more or view all topics or full text. |
49 | 14 | 06/20/24 |
| 2452E |
Hartnell Community College District
300.03000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Activities for Nonexclusive Representative - Protected Right
Charging party’s request to be represented in investigative proceedings by someone other than a representative of the exclusive representative was not protected by EERA. more or view all topics or full text. |
40 | 56 | 09/04/15 |
| 2221E |
Chula Vista Elementary School District * * * OVERRULED IN PART by Bellflower Unified School District (2017) PERB Order No. Ad-447
300.03000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Activities for Nonexclusive Representative - Protected Right
* * * OVERRULED IN PART ON OTHER GROUNDS by Bellflower Unified School District (2017) PERB Order No. Ad-447. * * *
Where charging party has a long history of union activism including membership on the union’s board of directors, the absence of an identifiable single instance of protected activity is not an impediment to a discrimination/retaliation charge. more or view all topics or full text. |
36 | 88 | 11/23/11 |
| 1188H |
Regents of the University of California (University Professional and Technical Employees)
300.03000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Activities for Nonexclusive Representative - Protected Right
Nonrepresented employees have the protected right to participate in a PERB conducted representation election to select an exclusive representative; p. 22 and 28. An employer's conduct that impedes the employees' right to freely choose an exclusive representative may form the basis for an unfair practice charge; p. 22. more or view all topics or full text. |
21 | 28067 | 03/19/97 |
| 0328S |
State of California (Department of Parks and Recreation) * * * OVERRULED IN PART by County of Santa Clara (2017) PERB Decision No. 2539-M
300.03000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Activities for Nonexclusive Representative - Protected Right
* * * OVERRULED IN PART by County of Santa Clara (2017) PERB Decision No. 2539-M, where the Board held that retaliation against a union official interferes with the union’s rights as well as the individual’s rights. * * *
Job steward for union. more or view all topics or full text. |
7 | 14211 | 07/29/83 |
| 0319H |
Regents of the University of California (California State Employees Association, Chapter 41)
300.03000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Activities for Nonexclusive Representative - Protected Right
Employee's efforts to have bulletin board mounted and to post organizational materials were in furtherance of union's goals of communicating with and representing employees. more or view all topics or full text. |
7 | 14177 | 06/10/83 |
| 0227E |
Moreland Elementary School District
300.03000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Activities for Nonexclusive Representative - Protected Right
Participation in a decertification election constitutes protected activity. more or view all topics or full text. |
6 | 13171 | 07/27/82 |