All notes for Subtopic 300.13000 – Holding Union Office
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 2806E | * * * JUDICIAL APPEAL PENDING * * * Visalia Unified School District 300.13000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Holding Union Office Serving as a union officer is protected activity. The Board overruled Trustees of the California State University (2009) PERB Decision No. 2038-H and similar decisions to the extent they held that an employee must allege “something more” than holding union office to show that he or she has engaged in protected activity under any PERB-administered statute. (pp. 18-21.) more or view all topics or full text. | 46 | 115 | 02/07/22 |
| 2610H | Regents of the University of California (Berkeley) (University Council-American Federation of Teachers) 300.13000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Holding Union Office In Coast Community College District (1982) PERB Decision No. 251, the Board distinguished between the Carlsbad interference and Novato discrimination standards, but also explained that, employer conduct directed against union officials or organizers may be appropriately analyzed under either or both standards, as such conduct not only constitutes discrimination, but also “clearly interferes with the right of employees to form and participate in employee organizations.” (Id. at p. 20; Carlsbad Unified School District (1979) PERB Decision No. 89; Novato Unified School District (1982) PERB Decision No. 210.) Accordingly, under PERB precedent, and unlike private-sector precedent, such conduct may be deemed “inherently destructive” for either a discrimination or interference allegation. (p. 60, fn. 25.) more or view all topics or full text. | 43 | 100 | 12/19/18 |
| 2692M | City of South Pasadena * * * Remedial Order VACATED and MODIFIED by City of South Pasadena (2021) PERB Decision No. 2692a-M 300.13000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Holding Union Office * * * Remedial Order VACATED and MODIFIED by City of South Pasadena (2021) PERB Decision No. 2692a-M. * * *Association President’s vigorous and vocal activism was exactly the type of activity Meyers-Milias-Brown Act section 3502.1 was intended to protect. (p. 12.) more or view all topics or full text. | 44 | 131 | 01/30/20 |
| 2692M | City of South Pasadena * * * Remedial Order VACATED and MODIFIED by City of South Pasadena (2021) PERB Decision No. 2692a-M 300.13000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Holding Union Office * * * Remedial Order VACATED and MODIFIED by City of South Pasadena (2021) PERB Decision No. 2692a-M. * * *The Meyers-Milias-Brown Act section 3502.1’s prohibition against retaliation includes an employee’s service as an executive officer of a union, membership on an exclusive representative’s bargaining team, and participation in a joint labor-management committee. (p. 11.) more or view all topics or full text. | 44 | 131 | 01/30/20 |
| 2692M | City of South Pasadena * * * Remedial Order VACATED and MODIFIED by City of South Pasadena (2021) PERB Decision No. 2692a-M 300.13000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Holding Union Office * * * Remedial Order VACATED and MODIFIED by City of South Pasadena (2021) PERB Decision No. 2692a-M. * * *Employee’s service as Association President was protected activity under the Meyers-Milias-Brown Act. (p. 11.) more or view all topics or full text. | 44 | 131 | 01/30/20 |
| 2712M | City and County of San Francisco 300.06000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Demands for Change in Working Conditions 300.13000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Holding Union Office 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. | 44 | 173 | 05/06/20 |
| 2349M | Santa Clara Valley Water District 300.13000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Holding Union Office MMBA section 3502.1 guarantees substantive, enforceable rights to employees who serve as officers of the bargaining representative. While sections 3502 and 3506 operate in tandem to guarantee employee rights and make them enforceable through unfair practice proceedings, section 3502.1 contains both the prohibition against unlawful employer conduct and the source of the rights protected, i.e., the exercise of lawful action as a representative of an employee bargaining unit. Section 3502.1 was enacted to reinforce employees’ rights to serve as officials of the bargaining representative and to advocate positions against management practices without fear of reprisal. more or view all topics or full text. | 38 | 96 | 12/19/13 |
| 2282S | State of California (Department of Corrections and Rehabilitation) 300.13000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Holding Union Office Shop steward is entitled to significant latitude in representational speech and conduct and may not be disciplined for perceived disrespectful speech unless the speech or conduct causes a substantial disruption or material interference in the workplace. more or view all topics or full text. | 37 | 55 | 08/21/12 |
| 2155M | County of Orange * * * OVERRULED IN PART by Santa Clara Valley Water District (2013) Decision No. 2349- M 300.13000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Holding Union Office * * * OVERRULED IN PART by Santa Clara Valley Water District (2013) PERB Decision No. 2349-M, where the Board held that an employee’s status as a union official is enough by itself to constitute protected activity. * * *Merely holding the position of union president, without evidence that the employee actually engaged in specific protected acts, is insufficient to establish protected activity. more or view all topics or full text. | 35 | 24 | 01/18/11 |
| 2038H | Trustees of the California State University * * * OVERRULED IN PART by Visalia Unified School District (2022) PERB Decision No. 2806 300.13000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Holding Union Office * * * OVERRULED IN PART by Visalia Unified School District (2022) PERB Decision No. 2806, where the Board held that an employee’s status as a union official is enough by itself to constitute protected activity under all statutes that PERB enforces. * * *Merely holding the position of union steward, without evidence that the employee actually engaged in specific protected acts, is insufficient to constitute protected activity. more or view all topics or full text. | 33 | 106 | 06/11/09 |
| 1971M | City of Torrance 300.13000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Holding Union Office Union president’s active role in union’s election campaign against successful mayoral candidate, including questions asked at city council meeting pursuant to a vote of the union’s membership and governing board, and writing a letter to the editor in the local newspaper that identified her as the union president, constituted protected activity because the union’s election campaign was a matter of employer-employee relations. A letter to the editor and recorded phone call critical of the successful mayoral candidate that identified the president only as a city employee were not protected activity because they were not part of the union’s election campaign and did not concern matters of employer-employee relations. more or view all topics or full text. | 32 | 126 | 08/21/08 |
| 1849M | County of Santa Cruz 300.13000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Holding Union Office While it is clear that a doctor engaged in protected activities as an active officer of the Association, the charge fails to demonstrate the County laid him off because of his protected activities. more or view all topics or full text. | 30 | 151 | 08/16/06 |
| 1778E | Klamath-Trinity Joint Unified School District 300.13000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Holding Union Office For purposes of establishing a prima facie case, CSEA has demonstrated that Tyner participated in protected activities by serving as the chapter president, participating on the bargaining committee and assisting in resolving grievances as the job steward. CSEA represented Tyner in matters involving her own working conditions. more or view all topics or full text. | 29 | 167 | 10/06/05 |
| 1664M | City and County of San Francisco 300.13000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Holding Union Office 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 |
| 1674E | Fresno County Office of Education 300.13000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Holding Union Office 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. | 28 | 219 | 08/19/04 |
| 1435S | State of California (Department of Corrections) 300.13000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Holding Union Office 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 |
| 1479Sa | California State Employees Association (Hard, et al.) 300.13000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Holding Union Office Union member/officer has protected right to reasonable internal disciplinary procedures and the reasonable application of those procedures. more or view all topics or full text. | 27 | 2 | 10/21/02 |
| 1246E | Oakdale Union Elementary School District 300.13000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Holding Union Office Filing grievances and representing members of an employee organization constitute protected activity; p. 16. more or view all topics or full text. | 22 | 29047 | 01/28/98 |
| 1232E | Chula Vista Elementary School District * * * OVERRULED IN PART by Visalia Unified School District (2022) PERB Decision No. 2806 300.13000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Holding Union Office Although it is well established that representing members of an employee organization constitutes protected activity, simply holding a union office, like maintaining union membership prior to the adverse action is insufficient to satisfy the timing element of the Novato test; p. 4. more or view all topics or full text. | 22 | 29012 | 11/19/97 |
| 1185E | Healdsburg Union High School District 300.13000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Holding Union Office Filing grievances and serving on union negotiating team are protected activities; p. 47, proposed dec. more or view all topics or full text. | 21 | 28055 | 02/24/97 |
| 0805H | Trustees of the California State University (Statewide University Police Association) 300.13000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Holding Union Office Chairman of Association engaged in protected activity by filing grievances, representing bargaining unit members in their grievances, and conducting Association business on work time; p. 23. more or view all topics or full text. | 14 | 21090 | 04/17/90 |
| 0742E | Los Gatos-Saratoga School District 300.13000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Holding Union Office Serving as a representative of other employees and on the negotiating team is protected activity; p. 2, warning letter. more or view all topics or full text. | 13 | 20132 | 06/19/89 |
| 0324E | Central Union High School District 300.13000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Holding Union Office Holding union office is protected activity. more or view all topics or full text. | 7 | 14189 | 06/30/83 |