All notes for Subtopic 300.10000 – Solicitation/Organizing
|Decision||Description||PERC Vol.||PERC Index||Date|
|2611M|| County of Orange|
300.10000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Solicitation/OrganizingEmployee and non-employee representatives of employee organizations may access employee work areas, subject to reasonable employer regulation. Any such regulation must be both necessary to the employer’s efficient operations or safety of employees or others, and narrowly drawn to avoid overbroad, unnecessary interference with the exercise of statutory rights. However, an employer’s otherwise lawful access restrictions may nevertheless interfere with protected rights when applied discriminatorily against unions or protected activity. (p. 3.) more or view all topics or full text.
|2584E|| California Virtual Academies|
300.10000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Solicitation/OrganizingThe solicitation of union support and membership during nonwork time and in nonwork areas lies at the core of EERA’s protections. more or view all topics or full text.
|2522H|| Trustees of the California State University|
300.10000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Solicitation/OrganizingAllegation 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.
|2517C|| Fresno County Superior Court * * * VACATED IN PART by Fresno County Superior Court (2019) PERB Decision No. 2517a-C|
300.10000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Solicitation/Organizing* * * VACATED IN PART by Fresno County Superior Court (2019) PERB Decision No. 2517a-C, where the Board issued a modified decision after the Court of Appeal partially vacated a portion of the original decision. Specifically, the Court of Appeal: (1) found that the court-employer’s need to appear neutral to the public was a special circumstance sufficient to support a ban on wearing insignia in the courthouse; (2) set aside PERB’s decision regarding display of union images and writings; (3) upheld PERB’s unalleged violations doctrine; and (4) upheld PERB’s decision finding a violation in the court’s prohibition against distributing union literature in work areas visible to the public. * * *Under the PERB-administered statutes, the organizational right of access to the workplace is presumed and the burden is on the employer to establish that its regulation is reasonable and necessary under the circumstances to prevent disruption of operations. Solicitation and the distribution of literature as well as other nondisruptive concerted activities in mixed-use areas are statutorily protected. (p. 29.) Because PERB found no persuasive showing of special circumstances to justify the Court’s personnel rule banning distribution and solicitation in working areas during non-duty time, and the categorical ban on distributing literature in mixed-use areas was reasonably susceptible to an interpretation that unlawfully restricts protected activity during employees’ non-duty time, it was overly broad and in violation of the Trial Court Act. (p. 29.) more or view all topics or full text.
|2485E|| Petaluma City Elementary School District/Joint Union High School District|
300.10000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Solicitation/OrganizingSimilar to union access and released time for employee representatives, PERB regards employee rights to communicate, solicit and distribute information at work as encompassing both statutory rights and negotiable matters. A categorical prohibition against distributing literature or other means of communication states a prima facie case of employer interference with fundamental rights of employee organizations to represent and communicate with employees and of employees to self-organize and communicate with one another in the workplace. more or view all topics or full text.
|0328S|| State of California (Department of Parks and Recreation) * * * OVERRULED IN PART by County of Santa Clara (2017) PERB Decision No. 2539-M|
300.10000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Solicitation/Organizing* * * OVERRULED IN PART ON OTHER GROUNDS by County of Santa Clara (2017) PERB Decision No. 2539-M * * *Four week leave of absence for union organizing and wearing union button constitute protected activity. more or view all topics or full text.
|0319H|| Regents of the University of California (California State Employees Association, Chapter 41)|
300.10000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Solicitation/OrganizingEmployee'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.
|0288E|| San Leandro Unified School District|
300.10000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Solicitation/OrganizingCharging party engaged in protected activity by presenting a grievance against perceived violation of contract and organizing in support of that grievance within meaning of section 3543; p. 7. more or view all topics or full text.