All notes for Subtopic 300.04000 – Individual/Concerted/Activities/Self-Representation
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 2495E | Walnut Valley Unified School District 300.04000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Individual/Concerted/Activities/Self-Representation The right to “form, join, and participate” in union activities includes protesting a management directive regarding educational policy, curriculum issues, or other matter of obvious collective concern. Employee need not know the concerns of, or attempt to enlist, other employees. Employee need not know the concerns of, or attempt to enlist, other employees. If the employee is covered by EERA and raises a concern about a matter that is implicitly part of the employment relationship, then the conduct also falls within the right of self-representation. more or view all topics or full text. | 41 | 34 | 06/30/16 |
| 2669E | Contra Costa Community College District 300.04000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Individual/Concerted/Activities/Self-Representation EERA section 3543 guarantees covered employees the right to represent themselves in their employment relations. Thus, an employee does not need to prove that their conduct was related to collective activity to establish protected status under EERA. more or view all topics or full text. | 44 | 66 | 09/17/19 |
| 2669E | Contra Costa Community College District 300.04000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Individual/Concerted/Activities/Self-Representation EERA section 3543 guarantees covered employees the right to represent themselves in their employment relations. Thus, an employee does not need to prove that their conduct was related to collective activity to establish protected status under EERA. more or view all topics or full text. | 44 | 66 | 09/17/19 |
| 2654E | Claremont Unified School District 300.04000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Individual/Concerted/Activities/Self-Representation EERA section 3543 protects employees’ “right to communicate with co-workers about working conditions.” (p. 21.) more or view all topics or full text. | 44 | 24 | 07/10/19 |
| 2631E | Antelope Valley Union High School District 300.04000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Individual/Concerted/Activities/Self-Representation Under the Educational Employment Relations Act, an employee’s complaint to management about his or her own working conditions constitutes an exercise of his or her right to self-representation and is therefore protected activity. (p. 8.) more or view all topics or full text. | 43 | 148 | 03/05/19 |
| 2530E | Monterey Peninsula Unified School District 300.04000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Individual/Concerted/Activities/Self-Representation Charging party’s court case challenging his for-cause termination as a certificated employee was not protected as the logical continuation of group activity or as self-representation. more or view all topics or full text. | 42 | 2 | 06/19/17 |
| 2522H | Trustees of the California State University 300.04000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Individual/Concerted/Activities/Self-Representation Probationary employee’s willingness to serve as a witness in support of fellow employee’s complaint against allegedly abusive supervisor was protected activity, regardless of whether the complaint procedure was administrative or collectively-bargained. Individual employee activity aimed at providing mutual aid or protection to a coworker is statutorily protected, notwithstanding its informal and spontaneous nature. (p. 17.) If individual employees are not free to act together informally and spontaneously to provide mutual aid or protection to one another, then it is unlikely that they may ever exercise their right to form or join, much less to participate in the activities of, an employee organization, a right expressly guaranteed by the PERB statutes. (p. 16.) more or view all topics or full text. | 41 | 150 | 03/20/17 |
| 2522H | Trustees of the California State University 300.04000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Individual/Concerted/Activities/Self-Representation Allegation that employer’s agent told probationary employee she “should not talk to anyone about the investigation” of a fellow employee’s complaint of abusive treatment against supervisor stated prima facie case of interference with protected rights, since, on its face and without further explanation, a directive not to talk to “anyone” could reasonably be construed to prohibit contacting union representatives, or enlisting the support of other employees for the complaint. (p. 22.) To the extent that an employer’s directive or policy of maintaining “confidentiality” of investigations into employee grievances “muzzles” employees who seek to engage in concerted activity for mutual aid or protection by denying them the very information needed to discuss their wages, hours or working conditions, it necessarily harms employee rights. (p. 21.) Once it is established that the employer’s prohibition on discussing wages, hours or working conditions adversely affects protected rights, the burden falls on the employer to demonstrate “legitimate and substantial business justifications” for its conduct. (21-22.) To overcome a presumption of invalidity stemming from a vague or overinclusive rule, the employer must make it clear to employees that the thrust of an inexplicitly-worded confidentiality rule is not to prohibit discussion of their terms and conditions of employment. (Ibid.) more or view all topics or full text. | 41 | 150 | 03/20/17 |
| 2522H | Trustees of the California State University 300.04000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Individual/Concerted/Activities/Self-Representation The statutory term “employment relations” is broad enough to include an employer’s administrative or non-collectively bargained remedies. Because the statutory rights of an exclusive representative to represent employees extends to an employer’s non-collectively bargained complaint resolution procedures, employees who are represented by the exclusive representative in a non-collectively bargained complaint procedure are engaged in the protected activity of participating in the activities of an employee organization, regardless of the personal or individual nature of the complaint. (pp. 12-13.) more or view all topics or full text. | 41 | 150 | 03/20/17 |
| 2522H | Trustees of the California State University 300.04000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Individual/Concerted/Activities/Self-Representation While an individual employee’s complaint that is “entirely personal in nature and not an extension of concerted action” is unprotected, employee’s complaint of abusive treatment by her supervisor falls squarely within the ambit of “employer-employee relations” because it affects workplace safety and freedom from a hostile work environment. Employee activity directed against a supervisor’s conduct or performance is protected when its purpose is to further a legitimate interest in the employees’ working conditions or when the supervisor’s conduct affects collective working conditions. (p. 11.) more or view all topics or full text. | 41 | 150 | 03/20/17 |
| 2452E | Hartnell Community College District 300.04000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Individual/Concerted/Activities/Self-Representation An employee’s threat to seek legal assistance from the Union or to file his or her own charge with PERB is protected, so long as made in good faith. The statutory protection does not depend upon the merits of the threatened charge or legal action. Employee’s threat, made to high-ranking human resources official, to file a charge with PERB is employee’s rights were not respected protected by EERA. p. 39. more or view all topics or full text. | 40 | 56 | 09/04/15 |
| 2420E | Jurupa Unified School District 300.04000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Individual/Concerted/Activities/Self-Representation Charging party’s attendance at the hearing concerning another employee was not protected, because there was insufficient evidence to establish that the purpose for his attendance was to investigate possible contract violations or other policy violations. That there may have been others at the hearing is irrelevant to the finding that no evidence was presented showing how or why the other employee’s employment dispute had anything to do with charging party’s disputes with the employer. The Board declined to affirm the ALJ’s conclusion – consistent with Board precedent – that charging party’s request for personal necessity leave under the CBA was not protected because it was not a “logical continuation of group activity,” saving for another day full consideration of whether the Board’s precedent should be overturned. more or view all topics or full text. | 39 | 141 | 04/23/15 |
| 2342E | Coachella Valley Unified School District 300.04000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Individual/Concerted/Activities/Self-Representation Charging party’s reporting of alleged cheating by teachers did not seek to enforce employee workplace rights or rights stated in the CBA. Thus, it is not protected under EERA. more or view all topics or full text. | 38 | 95 | 12/09/13 |
| 2381E | Monterey Peninsula Unified School District 300.04000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Individual/Concerted/Activities/Self-Representation Neither of charging party’s e-mails was part of a collectively bargained for grievance procedure, addressed the collective concerns of the bargaining unit, nor sought to enforce rights stated in the CBA. The correspondence concerned complaints about charging party’s behavior and his defense of his behavior was undertaken alone and for his sole benefit. Charging Party’s e-mail concerns an issue undertaken by himself and for his sole benefit. As such, it is not a “logical continuation of group activity” and is not protected under EERA. Absent any demonstration that charging party and co-worker had a right to a key to the multi-purpose room (MPR) under the collective bargaining agreement or that their hours of employment were altered because of the Principal’s key system, charging party has failed to demonstrate that his request for his and co-worker’s own keys to the MPR was EERA protected conduct. Because charging party has not shown that he and his co-worker had a statutory right to a key, we distinguish this case from those where employees jointly prosecute alleged violations of workplace rights that are not contained in the collective bargaining agreement, but contained in external law. We disagree with charging party that the Office of the General Counsel determined that his e-mails were not protected because of their number and tone. The dismissal letter clearly points out that the e-mails in question lack EERA protection, because they were not undertaken as group activity or a logical continuation thereof. The dismissal letter merely points out that the Monterey County Superior Court found that the number and tone of charging party’s e-mail communications were sufficient to form the basis for dismissal on the grounds of persistent refusal to obey school laws or regulations, a basis for dismissal under the Education Code, not EERA. more or view all topics or full text. | 39 | 12 | 06/27/14 |
| 2411E | Berkeley Unified School District 300.04000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Individual/Concerted/Activities/Self-Representation Unlike other labor relations statutes, EERA specifically recognizes the right of employees to be represented by employee organizations of their own choice, not just in their employment relationships, but also in their professional relationships with public school employers; EERA also protects the right of certificated employees to be afforded a voice in the formulation of educational policy; accordingly, the filing of a curriculum complaint in response to concerns about the achievement gap amongst ninth grade students is protected activity. more or view all topics or full text. | 39 | 98 | 02/19/15 |
| 2349M | Santa Clara Valley Water District 300.04000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Individual/Concerted/Activities/Self-Representation Seeking the assistance of the exclusive representative to resolve workplace disputes informally is protected activity. more or view all topics or full text. | 38 | 96 | 12/19/13 |
| 2376E | Rocklin Unified School District 300.04000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Individual/Concerted/Activities/Self-Representation Although school nurses’ participation in layoff hearings under the Education Code is not necessarily protected activity, the nurses’ collective invocation of their right to participate in the layoff hearings cannot be parsed from the long, continuous course of their protected activity in banding together to raise workplace issues such as workload, assignments, scheduling, poor communication, lack of support for the lead nurse position and safety concerns. more or view all topics or full text. | 39 | 3 | 06/12/14 |
| 2207M | City and County of San Francisco 300.04000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Individual/Concerted/Activities/Self-Representation Employee complaints impacting employees generally are considered protected activity; a “malpractice report” to various city officials alerting them to negative working conditions, including quantity of workload and failure to comply with overtime requirements, addressed matters of interest to other employees in the bargaining unit, and therefore entailed protected activity; on the other hand, a “malpractice report” in which charging party complained about the misuse of public funds at a staff party was devoid of facts demonstrating a collective employment-related concern shared by other bargaining unit members, and therefore did not entail protected activity. more or view all topics or full text. | 36 | 60 | 10/05/11 |
| 2206M | City and County of San Francisco 300.04000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Individual/Concerted/Activities/Self-Representation Employee complaints impacting employees generally are considered protected activity; a “malpractice report” to various city officials alerting them to negative working conditions, including quantity of workload and failure to comply with overtime requirements, addressed matters of interest to other employees in the bargaining unit, and therefore entailed protected activity; on the other hand, a “malpractice report” in which charging party complained about the misuse of public funds at a staff party was devoid of facts demonstrating a collective employment-related concern shared by other bargaining unit members, and therefore did not entail protected activity. more or view all topics or full text. | 36 | 59 | 10/05/11 |
| 2161M | City of Alhambra 300.04000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Individual/Concerted/Activities/Self-Representation Under the MMBA’s right of self-representation, individual employee complaints to the employer are protected only when they are a logical continuation of group activity and are not undertaken solely for the employee’s benefit. Employee’s complaints during staff meeting that his supervisor worked employees too hard were not protected because they expressed his personal dislike of the supervisor’s management style and were not connected to group activity. more or view all topics or full text. | 35 | 36 | 02/08/11 |
| 2153H | Regents of the University of California 300.04000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Individual/Concerted/Activities/Self-Representation Employee complaints to employers are protected only when those complaints are a logical continuation of group activity. Charging party's activities were entirely personal in nature, not concerted, including complaints to supervisors about his own employment conditions and negative work performance evaluation. more or view all topics or full text. | 35 | 21 | 12/30/10 |
| 2123S | State of California (Department of Personnel Administration) 300.04000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Individual/Concerted/Activities/Self-Representation The charge and supporting documents do not indicate that union members engaged in any specific protected activity other than their union membership. Allegations that public employee unions generally opposed the Governor’s reelection and initiative campaigns fails to establish that union engaged in any identifiable protected activity or that the state employer had knowledge of any such activity by the union. Charging party was one of many public sector labor organizations engaging in such activity. more or view all topics or full text. | 34 | 117 | 07/28/10 |
| 2118S | State of California (Department of Corrections and Rehabilitation) 300.04000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Individual/Concerted/Activities/Self-Representation Although certain communications with an employer taken on behalf of unit employees may be considered protected activity, an employee’s communication with the employer is for his/her own benefit is not protected. more or view all topics or full text. | 34 | 102 | 06/15/10 |
| 2096E | California Teachers Association, Solano Community College Chapter, CTA/NEA (Tsai) 300.04000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Individual/Concerted/Activities/Self-Representation EERA section 3543 grants public school employees a limited right to self representation with their employer. Employees have a right to present their grievances to the employer without the intervention or assistance of the union. The right to self representation does not include the protected right to be represented by private counsel. more or view all topics or full text. | 34 | 42 | 02/04/10 |
| 2090M | County of Riverside * * * OVERRULED IN PART by Walnut Valley Unified School District (2016) PERB Decision No. 2495 300.04000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Individual/Concerted/Activities/Self-Representation * * * OVERRULED IN PART by Walnut Valley Unified School District (2016) PERB Decision No. 2495, where the Board held that a charging party need not allege facts demonstrating conduct or speech is a logical continuation of group activity, if acts can be reasonably characterized as representing oneself in employment relations. * * *While individual complaints related to employment matters made by an employee to a superior are protected, this right of self representation is not unlimited. Employee complaints to employers are protected when those complaints “are a logical continuation of group activity.” (Los Angeles Unified School District (2003) PERB Decision No. 1552.) Thus, where an employee’s complaint is undertaken alone and for his/her sole benefit, that individual’s conduct is not protected. Employee’s complaints regarding the use of non-engineers to direct the work of engineers and to perform engineering-related work were neither undertaken alone nor taken for his sole benefit; consequently, they were a logical continuation of a group activity and, therefore, constituted protected activity. more or view all topics or full text. | 34 | 45 | 12/31/09 |
| 2091E | San Joaquin Delta Community College District * * * OVERRULED IN PART by Walnut Valley Unified School District (2016) PERB Decision No. 2495 300.04000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Individual/Concerted/Activities/Self-Representation * * * OVERRULED IN PART by Walnut Valley Unified School District (2016) PERB Decision No. 2495, where the Board held that a charging party need not allege facts demonstrating conduct or speech is a logical continuation of group activity, if acts can be reasonably characterized as representing oneself in employment relations. * * *Employee’s complaints concerning the reduction of his own teaching assignment did not constitute protected activity under EERA. There are no allegations that would establish that those complaints were a logical continuation of any group activity. Rather, the charge indicates that they were undertaken alone and for the employee’s sole benefit. more or view all topics or full text. | 34 | 38 | 01/29/10 |
| 2086E | Garden Grove Unified School District 300.04000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Individual/Concerted/Activities/Self-Representation Charging party failed to provide any details concerning the activities of a “faculty advisory committee” (FAC) that would permit the Board to determine that the FAC has a “representational purpose” so as to constitute an employee organization within the meaning of EERA section 3540.1(d). However, charging party’s complaints to her supervisor about after-hours bathroom and facility access and safety issues related to student discipline were protected activity under EERA’s protected right of self-representation. Therefore, even if charging party was not acting in her union capacity, her complaints constituted protected acts of self-representation. more or view all topics or full text. | 34 | 25 | 12/28/09 |
| 2024S | State of California (Department of Corrections and Rehabilitation) 300.04000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Individual/Concerted/Activities/Self-Representation For the purposes of establishing a prima facie case of discrimination in violation of the Dills Act, the distribution of information to bargaining unit members that impacts the employer-employee relationship constitutes protected conduct. more or view all topics or full text. | 33 | 86 | 05/13/09 |
| 1983M | Menlo Park Fire Protection District 300.04000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Individual/Concerted/Activities/Self-Representation Reporting safety concerns to an exclusive representative constitutes protected activity. However, one of the key elements to finding protected conduct in such cases is the actual reporting of the safety concerns to the exclusive representative. Therefore, harboring safety concerns is insufficient, standing alone, to establish protected conduct. more or view all topics or full text. | 32 | 158 | 10/28/08 |
| 2039M | Calaveras County Water District 300.04000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Individual/Concerted/Activities/Self-Representation Employee engaged in protected activity when she: participated in informational picketing, signed pro-union petitions and dressed in union insignia at work; participated in a "human chain" in support of a new contract, which required drivers to drive through the parking lot between employee "chains"; and signed a petition circulated by the union to remove her supervisor from her duties. more or view all topics or full text. | 33 | 110 | 06/19/09 |
| 1975M | County of Merced 300.04000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Individual/Concerted/Activities/Self-Representation Employee’s use of union representation in dispute with employer over proposed suspension of employee was protected activity under MMBA. more or view all topics or full text. | 32 | 137 | 09/05/08 |
| 1787E | Los Angeles Unified School District 300.04000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Individual/Concerted/Activities/Self-Representation Thomas engaged in protected activity when she told her supervisors that she intended to speak to the union about filing a grievance and when she mailed work-related injury forms to her supervisor. The District was aware of these activities. more or view all topics or full text. | 30 | 12 | 12/08/05 |
| 1791E | Los Angeles Unified School District 300.04000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Individual/Concerted/Activities/Self-Representation While Kahn alleges that his refusal to hand over his log book was protected, refusal to comply with a supervisor’s directive, under these circumstances, is not protected conduct. more or view all topics or full text. | 30 | 32 | 12/29/05 |
| 1664M | City and County of San Francisco 300.04000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Individual/Concerted/Activities/Self-Representation Poon engaged in protected activity by her status as job steward and chapter president as well as leave time used to participate in union activities more or view all topics or full text. | 28 | 231 | 07/27/04 |
| 1725E | Hilmar Unified School District 300.04000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Individual/Concerted/Activities/Self-Representation Non-disruptive informational picketing is protected under EERA. more or view all topics or full text. | 29 | 35 | 12/15/04 |
| 1714E | Simi Valley Unified School District 300.04000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Individual/Concerted/Activities/Self-Representation The teacher engaged in protected conduct in his role as Association site representative, representing coworkers in meetings with the school principal, challenging the proposed independent study program at staff meetings and by memo, discussions of the program with the Association, and participation in a meeting with management and Association representatives to resolve concerns about the program. Requests for representation in and of themselves are protected conduct. The teacher’s request for representation for a proposed meeting with the principle was therefore protected. more or view all topics or full text. | 29 | 19 | 11/29/04 |
| 1676M | Rainbow Municipal Water District 300.04000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Individual/Concerted/Activities/Self-Representation Goddard engaged in protected activity when he told fellow employees that the General Manager had offered promotional opportunities to another employee if that employee would help prevent the union from affiliating with a certain labor consulting firm as acts in furtherance of union interests are protected. more or view all topics or full text. | 28 | 220 | 08/19/04 |
| 1590H | Regents of the University of California (Davis) 300.04000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Individual/Concerted/Activities/Self-Representation The lab employees engaged in protected conduct by writing a letter to management stating that they no longer wished to work extra shifts unless they received the promised additional pay, and by meeting with union representatives and management on various occasions to discuss the issue. more or view all topics or full text. | 28 | 67 | 01/26/04 |
| 1690S | State of California (Department of Forestry and Fire Protection) 300.04000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Individual/Concerted/Activities/Self-Representation Request for a transfer does not constitute protected activity. more or view all topics or full text. | 28 | 254 | 09/17/04 |
| 1655M | Marin County Law Library 300.04000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Individual/Concerted/Activities/Self-Representation Decorating a library cart, asking for a job description and requesting a schedule change does not constitute protected activities. Complaining to library patrons about working conditions may constitute protected activity but there is no information demonstrating that patrons informed the supervisor of the complaints. more or view all topics or full text. | 28 | 195 | 07/02/04 |
| 1561E | Bellevue Union Elementary School District 300.04000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Individual/Concerted/Activities/Self-Representation In work-to-contract cases, the inquiry focuses on whether the activities which were not performed are voluntary or required. A refusal to perform purely voluntary duties is protected conduct, while the refusal to perform normally required to assigned duties is not. more or view all topics or full text. | 28 | 24 | 12/08/03 |
| 1552E | Los Angeles Unified School District * * * OVERRULED IN PART by Walnut Valley Unified School District (2016) PERB Decision No. 2495 300.04000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Individual/Concerted/Activities/Self-Representation * * * OVERRULED IN PART by Walnut Valley Unified School District (2016) PERB Decision No. 2495, where the Board held charging party need not allege facts demonstrating conduct or speech is a logical continuation of group activity, if acts can be reasonably characterized as representing oneself in employment relations. * * *Bailey’s complaints on her own behalf to a supervisor about a subordinate do not rise to the level of protected activity. This is distinguished from cases in which the Board found that an employee’s complaint concerned an issue impacting employees generally and thus, was protected. more or view all topics or full text. | 28 | 7 | 10/21/03 |
| 1524M | County of San Joaquin (Health Care Services) 300.04000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Individual/Concerted/Activities/Self-Representation Doctor’s complaint protesting another doctor’s installation as department chair is protected as self representation under Section 3502; proposed dec., p. 23. more or view all topics or full text. | 27 | 74 | 05/14/03 |
| 1529E | Oakland Unified School District 300.04000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Individual/Concerted/Activities/Self-Representation Employee memo to school principal complaining about unresolved committee issues involving teacher morale and teacher recommendations is protected activity. more or view all topics or full text. | 27 | 91 | 06/20/03 |
| 1435S | State of California (Department of Corrections) 300.04000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Individual/Concerted/Activities/Self-Representation Acting as a job steward, employee who said he would contact union for legal advise if investigation blocked his promotion and might go to newspapers with health and safety concerns are protected acts. more or view all topics or full text. | 25 | 32068 | 05/11/01 |
| 1403S | State of California (Department of Youth Authority) 300.04000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Individual/Concerted/Activities/Self-Representation Employee's filing of an unfair practice charge and her appeals from various negative personnel actions constitute sufficient evidence to support a finding she engaged in protected activity. more or view all topics or full text. | 24 | 31146 | 09/12/00 |
| 1365S | State of California (Employment Development Department) * * * SUPERSEDED by State of California (Employment Development Department) (2001) PERB Decision No. 1365a-S 300.04000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Individual/Concerted/Activities/Self-Representation * * * SUPERSEDED IN PART by State of California (Employment Development Department) (2001) PERB Decision No. 1365a-S, where the Board held with respect to a memorandum issued in response to unprotected activity that an employer must restrict any future prohibition to only unprotected activities and cannot use ambiguous language that may also include protected activity. * * *Thirty employees conducted the unity break during their morning break in the Long Beach EDD office, they did so in a work area in which approximately 30 other employees were at their work stations on duty. Therefore, the unity break activity did not occur during nonwork time in a nonwork area and EDD may restrict the activity in order to maintain order and production; pp. 10-11. Activities such as the unity break at issue in this case may be restricted by the employer if they do not occur during nonwork time in nonwork areas. In these circumstances, the employer must be given leeway to restrict those activities in order to maintain order, production or discipline. This would include situations in which the employees conducting the activities are on nonwork time, but the activities occur in a work area during a period in which other employees are working; p. 10. more or view all topics or full text. | 24 | 31026 | 12/17/99 |
| 1334E | Madera County Office of Education 300.04000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Individual/Concerted/Activities/Self-Representation Protesting a training session created by fellow employees is protected as an exercise in the right of self representation. more or view all topics or full text. | 23 | 30126 | 06/25/99 |
| 1338E | Los Angeles Unified School District (Jackson) 300.04000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Individual/Concerted/Activities/Self-Representation Charging party engaged in protected activity when she complained to her principal and other District personnel about the District's reimbursement policy. more or view all topics or full text. | 23 | 30138 | 07/23/99 |
| 1274E | Los Rios Community College District (Deglow) 300.04000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Individual/Concerted/Activities/Self-Representation In order to establish a prima facie case of unlawful interference, the charging party must establish that the respondent's conduct tends to or does result in some harm to employee rights granted under EERA. The statutory right of self-representation falls short of the right to resort to the arbitration process. Under the statute and Board precedent, this contractual limitation does not violate charging party's section 3543 rights, and this allegation must be dismissed. more or view all topics or full text. | 22 | 29124 | 07/20/98 |
| 1275E | Los Rios College Federation of Teachers (Deglow) 300.04000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Individual/Concerted/Activities/Self-Representation In order to establish a prima facie case of unlawful interference, the charging party must establish that the respondent's conduct tends to or does result in some harm to employee rights granted under EERA. On its face, the statutory right of self-representation falls short of the right to resort to the arbitration process. Under the statute and Board precedent, this contractual limitation does not violate charging party's section 3543 rights, and this allegation must be dismissed. more or view all topics or full text. | 22 | 29125 | 07/20/98 |
| 1263H | Regents of the University of California (University Professional and Technical Employees) 300.04000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Individual/Concerted/Activities/Self-Representation PERB has held that an "employee's right to engage in concerted activity may permit some leeway for impulsive behavior, which must be balanced against the employer's right to maintain order and respect." An activity loses its protected character, when the activity is "opprobrious, flagrant, insulting, defamatory, insubordinate, or fraught with malice"; p. 46. An employer may expect that employee activity be carried out in a lawful manner through the pursuit of lawful means; p. 47; Notices asserting "possible" sick leave are protected. more or view all topics or full text. | 22 | 29090 | 04/28/98 |
| 1255H | Regents of the University of California (California Nurses Association) 300.04000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Individual/Concerted/Activities/Self-Representation Nurse engaged in protected activity when he spoke out about non-bargaining unit employees performing unauthorized tasks and expressed concern about nurses doing unauthorized work because the MOU requires nurses to maintain a license and these things jeopardized it. more or view all topics or full text. | 22 | 29066 | 03/20/98 |
| 1248E | Alisal Union Elementary School District 300.04000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Individual/Concerted/Activities/Self-Representation Letter responding to discipline is exercise of employee's protected right to represent herself in her employment relations with the District; p. 5. more or view all topics or full text. | 22 | 29049 | 01/28/98 |
| 1246E | Oakdale Union Elementary School District 300.04000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Individual/Concerted/Activities/Self-Representation Filing grievances and representing members of an employee organization constitute protected activity; p. 16. Reporting safety issues to third party constitutes participation in the activities of an employee organization and is protected by the EERA where that report was consistent with the CBA and an extension of attempts to resolve safety issues through the Association and the District; p. 18. more or view all topics or full text. | 22 | 29047 | 01/28/98 |
| 1129E | Los Angeles Unified School District (Davis) 300.04000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Individual/Concerted/Activities/Self-Representation Filing safety complaints against employer was protected activity; p. 8, proposed dec. Filing a complaint regarding your supervisor is protected activity. more or view all topics or full text. | 20 | 27017 | 12/15/95 |
| 0965E | Livingston Union School District 300.04000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Individual/Concerted/Activities/Self-Representation Expression of concern about class size to a principal and District Board or discussion with principal and superintendent on class assignment are both protected activities; p. 3. more or view all topics or full text. | 17 | 24022 | 12/10/92 |
| 0957E | Los Angeles Unified School District (Kaady) 300.04000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Individual/Concerted/Activities/Self-Representation Protected activity includes complaint about unsafe working conditions, use of contractually provided industrial illness leave, use of union representation regarding work-related problems and filing of an unfair practice charge. more or view all topics or full text. | 17 | 24000 | 11/18/92 |
| 0872H | Regents of the University of California (Einheber) 300.04000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Individual/Concerted/Activities/Self-Representation An individual employee's letter to University chancellor, protesting a policy affecting working conditions of all employees, was not written on behalf of others. Expression of "personal" views does not constitute protected conduct; p. 25. HEERA protects employees who seek union representation in the University's grievance procedure, but unlike EERA and the Dills Act, it does not provide a separate statutory right for employees to represent themselves individually; p. 27. more or view all topics or full text. | 15 | 22064 | 03/21/91 |
| 0849H | Regents of the University of California (Irvin) 300.04000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Individual/Concerted/Activities/Self-Representation Employees' individual statutory right to present grievances and have them adjusted without intervention of the exclusive representative ends at arbitration. more or view all topics or full text. | 14 | 21207 | 10/30/90 |
| 0767E | California School Employees Association (Petrich) 300.04000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Individual/Concerted/Activities/Self-Representation Individual unauthorized filing of unit modification petition does not constitute protected activity; p. 3. more or view all topics or full text. | 13 | 20202 | 09/18/89 |
| 0764E | Cupertino Union School District 300.04000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Individual/Concerted/Activities/Self-Representation Protected activity occurring after the employer had decided to deny reemployment can not be motivating factor in dismissal; p. 37, proposed dec. Employee's act of seeking temporary contract for herself, without union assistance or in concert with others, is not protected activity under EERA; p. 45, proposed dec. more or view all topics or full text. | 13 | 20194 | 09/14/89 |
| 0708E | Pleasant Valley School District * * * OVERRULED IN PART by County of Santa Clara (2017) PERB Decision No. 2539-M 300.04000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Individual/Concerted/Activities/Self-Representation * * * OVERRULED ON OTHER GROUNDS by County of Santa Clara (2017) PERB Decision No. 2539-M. * * *Board found that by raising safety complaint with his immediate supervisor, the employee was exercising his statutory right to represent himself individually in his employment relations with the district. more or view all topics or full text. | 13 | 20016 | 12/21/88 |
| 2485E | Petaluma City Elementary School District/Joint Union High School District 300.04000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Individual/Concerted/Activities/Self-Representation Right of employees under EERA section 3543, subdivision (a), to participate in activities of employee organizations does not include absolute right to attend negotiations between the exclusive representative and the public school employer. By enacting EERA section 3549.1, the Legislature intended that negotiations would be attended only by the parties’ designated representatives, absent an agreement or established practice to the contrary. pp. 29-34. more or view all topics or full text. | 41 | 23 | 06/30/16 |
| 1733E | California School Employees Association and Its Chapter 36 (Peterson) 300.04000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Individual/Concerted/Activities/Self-Representation Amendments to EERA enacted in 2000 eliminated a protected right of self-representation under EERA. (Woodland Joint Unified School District (2004) PERB Decision No. 1722.) Participation in classified senate (not an employee organization) is not protected. Consultation with employer officials about matters outside of scope of representation not protected. more or view all topics or full text. | 29 | 50 | 12/28/04 |
| 0505E | Santa Paula School District 300.04000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Individual/Concerted/Activities/Self-Representation Employee found to have engaged in protected activity where she immediately contacted union rep after notice of reduction in hours, demanded negotiations, and participated on negotiations team. more or view all topics or full text. | 9 | 16128 | 05/07/85 |
| 0500E | Santa Clara Unified School District 300.04000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Individual/Concerted/Activities/Self-Representation Concerted activities relating to terms and conditions of employment protected. more or view all topics or full text. | 9 | 16116 | 04/11/85 |
| 0449H | Regents of the University of California (California State Employees Association) 300.04000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Individual/Concerted/Activities/Self-Representation Employee complaints about wage inequities, undertaken with two other employees, are protected despite the absence of an exclusive representative or a negotiated agreement. Individual employee complaints, filed alone, about wage inequities also protected because complainant acted with the knowledge and implied authority of other employees. more or view all topics or full text. | 9 | 16014 | 12/04/84 |
| 0429E | Beaumont Unified School District 300.04000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Individual/Concerted/Activities/Self-Representation Three employees who fail to sign employment contracts under guise of refusing to deal directly with employer did not engage in protected conduct. The employees did not follow union advice and failed to return to union written notices of intent to accept employment. Individual employee who refused to meet with school board to explain reasons for failing to sign and return employment contract acted individually and was unprotected. ALJ dismissal upheld. more or view all topics or full text. | 8 | 15214 | 11/09/84 |
| 0319H | Regents of the University of California (California State Employees Association, Chapter 41) 300.04000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Individual/Concerted/Activities/Self-Representation Employees safety-related complaint, pursued with the assistance of AFSCME is protected activity. more or view all topics or full text. | 7 | 14177 | 06/10/83 |
| 0291E | Modesto City Schools 300.04000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Individual/Concerted/Activities/Self-Representation Refusal to participate in required duties is not protected organizational activity; p. 19. While refusal to perform a purely voluntary activity is protected conduct; p. 15. Board will find violation even where assigned duty is discretionary if refusal to perform is for reasons other than professional judgement, i.e., as a pressure tactic during course of negotiation; p. 14. Refusal to (1) participate in evaluation procedure; p. 18; (2) turn in keys; p. 20; (3) prepare lesson plans; p. 21; and (4) attend faculty meetings; p. 22; is not protected activity. more or view all topics or full text. | 7 | 14090 | 03/08/83 |
| 0257S | State of California (Department of Transportation) 300.04000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Individual/Concerted/Activities/Self-Representation Employee criticism of a supervisor's performance constitutes protected activity when its purpose is to advance employees' interests in working conditions, as opposed to merely being the result of a personal grudge. more or view all topics or full text. | 7 | 14003 | 11/06/82 |
| 0949H | Regents of the University of California (Einheber) 300.04000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Individual/Concerted/Activities/Self-Representation Employee who speaks critically of department management and goes to some effort to organize other employees to give similar feedback has engaged in protected conduct. more or view all topics or full text. | 16 | 23133 | 08/13/92 |
| 0068E | Mt. Diablo Unified School District (Quarrick and O'Brien) 300.04000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Individual/Concerted/Activities/Self-Representation The right to represent oneself contained in section 3543 does not include the right to do so in an arbitration case (p. 8); for the same reason, in arbitration there is no right to have own attorney rather than exclusive representative; p. 10. more or view all topics or full text. | 2 | 2174 | 08/21/78 |