All notes for Subtopic 300.06000 – Demands for Change in Working Conditions

DecisionDescriptionPERC Vol.PERC IndexDate
2712M City and County of San Francisco
300.13000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Holding Union Office 300.6000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Demands for Change in Working Conditions
Under Santa Clara Valley Water District (2013) PERB Decision No. 2349-M, an employee’s role as a union officer constitutes protected activity irrespective of whether the employee exercises specific duties in that role. Thus, there is no categorical requirement that a union’s retaliation charge on behalf of a union officer necessarily allege specific duties the officer exercised. A charging party seeking to prove employer knowledge and nexus may be well-advised to introduce evidence of specific times a union officer exercised his or her role, but such evidence may not be needed if the charging party presents other strong evidence and the respondent is not able to present a persuasive non-discriminatory explanation for having taken adverse action. (p. 17.) more or view all topics or full text.
05/06/20
2712M City and County of San Francisco
300.6000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Demands for Change in Working Conditions
Union alleged that employee engaged in protected activity by e-mailing management representatives regarding health and safety concerns relating to working conditions. (p. 19.) more or view all topics or full text.
05/06/20
2522H Trustees of the California State University
300.6000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Demands for Change in Working Conditions
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.
4115003/20/17
2522H Trustees of the California State University
300.6000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Demands for Change in Working Conditions
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.
4115003/20/17
2522H Trustees of the California State University
300.6000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Demands for Change in Working Conditions
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.
4115003/20/17
2450E Jurupa Unified School District
300.6000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Demands for Change in Working Conditions
Participation in a group complaint to the employer and regulatory agencies about working conditions and employment concerns is protected conduct. more or view all topics or full text.
404608/31/15
2452E Hartnell Community College District
300.6000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Demands for Change in Working Conditions
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.
405609/04/15
2411E Berkeley Unified School District
300.6000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Demands for Change in Working Conditions
Advocacy on behalf of a group of employees concerning working conditions is protected activity; the placement of teachers into a peer assistance and review program, a collectively-bargained remedial program for teachers who have received unsatisfactory performance evaluations, is a matter of legitimate interest to employees and therefore an employee’s investigation into the alleged discriminatory placement of teachers into that program is protected activity. more or view all topics or full text.
399802/19/15
2161M City of Alhambra
300.6000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Demands for Change in Working Conditions
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.
353602/08/11
2118S State of California (Department of Corrections and Rehabilitation)
300.6000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Demands for Change in Working Conditions
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.
3410206/15/10
2091E San Joaquin Delta Community College District * * * OVERRULED IN PART by Walnut Valley Unified School District (2016) PERB Decision No. 2495
300.6000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Demands for Change in Working Conditions
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.
343801/29/10
2024S State of California (Department of Corrections and Rehabilitation)
300.6000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Demands for Change in Working Conditions
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.
338605/13/09
1983M Menlo Park Fire Protection District
300.6000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Demands for Change in Working Conditions
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.
3215810/28/08
1674E Fresno County Office of Education
300.6000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Demands for Change in Working Conditions
It is undisputed that Nolt and Allison, as Association officers and participation in representational activities, were engaged in protected activity from their responses to their supervisor’s questioning regarding the employee lounge incidents, the challenge to COE’s use of the Fund, their opposition to the superintendent’s candidacy, and their strong objections to COE’s proposal in negotiations, to their participation in the hearing over Fresno COE, in which both testified against the conduct of the superintendent and their supervisor and their resignation as Association officers to prevent the decertification effort. more or view all topics or full text.
2821908/19/04
1590H Regents of the University of California (Davis)
300.6000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Demands for Change in Working Conditions
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.
286701/26/04
1655M Marin County Law Library
300.6000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Demands for Change in Working Conditions
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.
2819507/02/04
1552E Los Angeles Unified School District * * * OVERRULED IN PART by Walnut Valley Unified School District (2016) PERB Decision No. 2495
300.6000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Demands for Change in Working Conditions
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.
28710/21/03
1365Sa State of California (Employment Development Department)
300.6000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Demands for Change in Working Conditions
Unity break, which consisted of employees displaying signs relating to ongoing contract negotiations at workstations during their break, is not protected activity because other employees were working in the same area at the time. Employees have a protected right to communicate with each other at the worksite concerning the terms and conditions of employment during nonwork time in nonwork areas. If those activities do not occur during nonwork time in nonwork areas, the employer must be given leeway to restrict those activities in order to maintain order, production or discipline. Memorandum which prohibits employees from engaging in job actions "during state time or inside the building" is ambiguous and overbroad because it appears to prohibit communication among employees during nonwork times and/or in nonwork areas. When the state issued such a memorandum in violated the Dills Act. more or view all topics or full text.
253205705/04/01
1334E Madera County Office of Education
300.6000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Demands for Change in Working Conditions
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.
233012606/25/99
1338E Los Angeles Unified School District (Jackson)
300.6000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Demands for Change in Working Conditions
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.
233013807/23/99
1246E Oakdale Union Elementary School District
300.6000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Demands for Change in Working Conditions
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.
222904701/28/98
1185E Healdsburg Union High School District
300.6000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Demands for Change in Working Conditions
Filing grievances and serving on union negotiating team are protected activities; p. 47, proposed dec. more or view all topics or full text.
212805502/24/97
1129E Los Angeles Unified School District (Davis)
300.6000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Demands for Change in Working Conditions
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.
202701712/15/95
0957E Los Angeles Unified School District (Kaady)
300.6000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Demands for Change in Working Conditions
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.
172400011/18/92
0949H Regents of the University of California (Einheber)
300.6000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Demands for Change in Working Conditions
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.
162313308/13/92