All notes for Subtopic 300.13000 – Holding Union Office

DecisionDescriptionPERC Vol.PERC IndexDate
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.
389612/19/13
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.
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
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.
352401/18/11
2038H Trustees of the California State University * * * OVERRULED IN PART by Santa Clara Valley Water District (2013) PERB Decision No. 2349- M
300.13000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Holding Union Office
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.
3310606/11/09
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.
3212608/21/08
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.
3015108/16/06
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.
2916710/06/05
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.
2823107/27/04
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.
2821908/19/04
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.
253206805/11/01
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.
27210/21/02
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.
222904701/28/98
1232E Chula Vista Elementary School District
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.
222901211/19/97
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.
212805502/24/97
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.
142109004/17/90
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.
132013206/19/89
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.
71418906/30/83