All notes for Subtopic 300.12000 – Insistence on Union Representation

DecisionDescriptionPERC Vol.PERC IndexDate
2458E Jurupa Unified School District
300.12000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Insistence on Union Representation
Seeking and obtaining assistance from a Union attorney regarding an employment issue is protected activity, as is obtaining assistance from exclusive representative regarding charging party’s performance evaluation. more or view all topics or full text.
407510/23/15
2452E Hartnell Community College District
300.12000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Insistence on Union Representation
Because charging party has not alleged that an individual was an officer, representative or agent of the exclusive representative, and, in fact, admitted that the individual was not authorized to act on behalf of the exclusive representative, charging party has not sufficiently alleged that s/he engaged in protected activity by requesting the presence of that individual at an investigative meeting. p. 35. Although EERA guarantees public school employees the right to act in concert with other employees for the purpose of bargaining collectively or for providing mutual aid or protection to one another, where a majority of employees in an appropriate unit has chosen a representative, EERA expressly limits the rights of all unit employees, including their rights to self-representation and to act in concert with others, to further the statutory scheme of collective bargaining through exclusive representation. pp. 36-37. more or view all topics or full text.
405609/04/15
2420E Jurupa Unified School District
300.12000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Insistence on Union Representation
Seeking help from a union regarding employment concerns is protected activity. more or view all topics or full text.
3914104/23/15
2090M County of Riverside * * * OVERRULED IN PART by Walnut Valley Unified School District (2016) PERB Decision No. 2495
300.12000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Insistence on Union Representation
Employee had no right to representation by a private attorney at an investigatory interview. more or view all topics or full text.
344512/31/09
1843H Regents of the University of California
300.12000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Insistence on Union Representation
The charge failed to allege that union representation was requested and denied. more or view all topics or full text.
3012405/18/06
1766M City of Monterey
300.12000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Insistence on Union Representation
Trujillo, the unit employee, engaged in protected conduct under MMBA section 3502 when it designated McCormick, the Local 270 field representative, as his representative during his termination hearing before the City Council. McCormick, the Local 270 field representative, engaged in protected conduct under MMBA section 3503 when he attempted act as Trujillo’s (the unit employee) representative in his capacity as a representative of a recognized employee organization. The City unlawfully designated the union’s attorney as Trujillo’s representative. It is well-established that an employee organization has the right to designate its own representatives in dealing with the employer. The MMBA precludes the Brown Act restriction of employee organization representatives imposed by the City Council. Even under a reasonableness standard, excluding McCormick while permitting the City’s representative and chief witness to remain in the hearing was unreasonable. more or view all topics or full text.
2913005/20/05
1519H Regents of the University of California (Los Alamos National Laboratory)
300.12000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Insistence on Union Representation
Under the Weingarten standard, if the purpose of an employer-employee meeting is to present a final disciplinary memo and is not investigatory, the employee has no right to union representation at the meeting. However, LANL allowed Enter to have representation at the meeting, though not the representative of her choice. These facts do not allege a prima facie case of interference under HEERA. more or view all topics or full text.
276705/07/03
1049S State of California (Department of Transportation)
300.12000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Insistence on Union Representation
An employer is not required to postpone an interview because a specific union representative the employee requested is absent, so long as another union representative is available at the time set for the interview. Nor is the employer obliged to suggest or secure alternative representation for the employee; p. 2, warning letter, fn. 1. more or view all topics or full text.
182509906/02/94
0957E Los Angeles Unified School District (Kaady)
300.12000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Insistence on Union 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.
172400011/18/92
0885E San Diego Unified School District
300.12000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Insistence on Union Representation
Where the Board finds that charging party's belief that the performance evaluation meeting may have resulted in discipline to be a reasonable belief, the charging party's request for representation constitutes a protected activity. more or view all topics or full text.
152210306/14/91
0874E Los Angeles Unified School District (Woods)
300.12000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Insistence on Union Representation
Employee meeting with union representative re: job related issues and requesting union representation when meeting with his supervisor are protected activities. more or view all topics or full text.
152206904/10/91
0641H California State University, Long Beach
300.12000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Insistence on Union Representation
Filing grievances and requesting the assistance and presence of a union representative at meetings between the employee and his/her superiors about working conditions (work assignments and duties) constitute protected activity. more or view all topics or full text.
121900612/11/87
0211H California State University, Sacramento
300.12000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Insistence on Union Representation
Employee availing himself of representation by a non-exclusive representative under HEERA is engaged in protected activity. more or view all topics or full text.
61311504/30/82