All notes for Subtopic 300.17000 – Other

DecisionDescriptionPERC Vol.PERC IndexDate
2637S State of California (California Correctional Health Care Services) (Service Employees International Union Local 1000)
300.17000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Other
The right to engage in union activity during nonwork time is protected activity. (p. 13) more or view all topics or full text.
4316404/17/19
2588E Los Angeles Unified School District
300.17000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Other
Employees who have rightful access to their employer’s e-mail system in the course of their work have a right to use the e-mail system to engage in EERA-protected communications on nonworking time. (p. 5.) Employee organizations enjoy a corresponding right to use an employer’s e-mail system to send protected communications to employees. (p. 5.) more or view all topics or full text.
436310/17/18
2586E Chula Vista Elementary School District (Yvellez)
300.17000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Other
Concerns that public employers’ email systems are taxpayer-financed or that allowing employees to send intra-agency emails gives other employee recipients the false impression their employer endorses the email’s content do not constitute “special circumstances” justifying restrictions on employees’ right to engage in protected speech via their employer’s email system. more or view all topics or full text.
436009/28/18
2563E Napa Valley Community College District
300.17000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Other
The Board will presume that employees who have rightful access to their employer’s e-mail system in the course of their work have a right to use the e-mail system to engage in EERA protected communications on nonworking time. An employer may rebut the presumption by demonstrating that special circumstances necessary to maintain production or discipline justify restricting its employees’ rights. more or view all topics or full text.
4215405/25/18
2522H Trustees of the California State University
300.17000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Other
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
300.17000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Other
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
300.17000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Other
The statutory term “employment relations” is broad enough to include an employer’s administrative or non-collectively bargained remedies. Because the statutory rights of an exclusive representative to represent employees extends to an employer’s non-collectively bargained complaint resolution procedures, employees who are represented by the exclusive representative in a non-collectively bargained complaint procedure are engaged in the protected activity of participating in the activities of an employee organization, regardless of the personal or individual nature of the complaint. (pp. 12-13.) more or view all topics or full text.
4115003/20/17
2522H Trustees of the California State University
300.17000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Other
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
2522H Trustees of the California State University
300.17000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Other
By alleging that the exclusive representative represented employee in her administrative complaint of abusive treatment by her supervisor, the charge included sufficient facts to demonstrate that the complaining employee, and by extension a fellow employee who agreed to appear as a witness in support of the complaint, had “participate[d] in the activities of [an] employee organization[] of their own choosing for the purpose of representation” on a matter of employer-employee relations. (pp. 11-12.) Whether an employee’s complaint is presented in a collectively -bargained grievance procedure is not necessarily determinative of whether it is protected activity, because, by virtue of the exclusive representatives’ involvement, the employee was participating in the activities of an employee organization, conduct expressly protected by HEERA section 3565. Fellow employee’s willingness to serve as a witness in support of the administrative complaint was likewise protected participation in an employee organization’s activity, regardless of the nature of the proceedings in which the complaint was presented. (p. 14.) more or view all topics or full text.
4115003/20/17
2450E Jurupa Unified School District
300.17000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Other
Attending a hearing regarding the dismissal of another employee is not protected where employee was not in the same bargaining unit and where there was no evidence that the CBA governing charging party’s working conditions was at issue in the hearing. more or view all topics or full text.
404608/31/15
2418M Fresno County In-Home Supportive Services Public Authority
300.17000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Other
Strikes by public employees are not illegal, unless statutorily prohibited, or unless there has been a clear showing that the strike poses a substantial and imminent threat to public health and safety. “[W]hile not absolute, the right to strike falls within the statutorily-protected right of public-sector employees to participate in union activities.” An employer may not unilaterally impose terms that waive or limit these rights, even after bargaining in good faith to impasse. The Board overruled Compton Unified School District (1987) PERB Order No. IR-50 to the extent that it holds there is no statutory right to strike in protest of an employer’s unfair practices. more or view all topics or full text.
3913303/30/15
2285S State of California (Department of Corrections and Rehabilitation)
300.17000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Other
An employee organization’s ability to independently investigate a potential grievance is an essential tool for determining whether the grievance has merit and, if it does, for providing effective representation in grievance proceedings. Therefore, the investigation of grievances is protected organizational activity. more or view all topics or full text.
09/17/12
2206M City and County of San Francisco
300.17000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Other
Employee complaints impacting employees generally are considered protected activity; a “malpractice report” to various city officials alerting them to negative working conditions, including quantity of workload and failure to comply with overtime requirements, addressed matters of interest to other employees in the bargaining unit, and therefore entailed protected activity; on the other hand, a “malpractice report” in which charging party complained about the misuse of public funds at a staff party was devoid of facts demonstrating a collective employment-related concern shared by other bargaining unit members, and therefore did not entail protected activity. more or view all topics or full text.
365910/05/11
2207M City and County of San Francisco
300.17000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Other
Employee complaints impacting employees generally are considered protected activity; a “malpractice report” to various city officials alerting them to negative working conditions, including quantity of workload and failure to comply with overtime requirements, addressed matters of interest to other employees in the bargaining unit, and therefore entailed protected activity; on the other hand, a “malpractice report” in which charging party complained about the misuse of public funds at a staff party was devoid of facts demonstrating a collective employment-related concern shared by other bargaining unit members, and therefore did not entail protected activity. more or view all topics or full text.
366010/05/11
2161M City of Alhambra
300.17000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Other
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
2024S State of California (Department of Corrections and Rehabilitation)
300.17000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Other
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
300.17000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Other
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
2030M Omnitrans
300.17000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Other
Access of employer’s premises by union officer for purpose of communicating with employees is protected activity, provided officer’s conduct complies with reasonable time and place regulations adopted by employer. Employer’s access regulation was unreasonable as applied to drivers’ assembly room because it prohibited union activity in a non-work area during non-working time without a legitimate business reason for doing so. Thus, union officer’s use of assembly room to discuss union matters with individual employees was protected activity. more or view all topics or full text.
339105/29/09
1979C Los Angeles County Superior Court * * * OVERRULED IN PART by Napa Valley Community College District (2018) PERB Decision No. 2563
300.17000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Other
An e-mail about union matters is protected activity only if it falls within the range of permissible non-business use under the employer’s e-mail use policy. Employee’s union e-mails to entire countywide bargaining unit were not protected activity because employer policy prohibited broadcast e-mails. Employee’s union e-mail to group of 55 unit members in the same courthouse was protected activity because it fell within the range of non-business e-mail use allowed by the employer. more or view all topics or full text.
3215110/07/08
1980E San Mateo County Community College District
300.17000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Other
Employee’s inclusion of a union representative in a meeting with his supervisor over performance issues and e-mails from a union representative to the employer on the employee’s behalf regarding cancellation of the employee’s teaching assignment were protected activities under EERA. more or view all topics or full text.
3215310/17/08
1975M County of Merced
300.17000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Other
Employee’s use of union representation in dispute with employer over proposed suspension of employee was protected activity under MMBA. more or view all topics or full text.
3213709/05/08
1971M City of Torrance
300.17000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Other
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
1961S State of California (Department of Corrections and Rehabilitation)
300.17000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Other
Submitting a bid on work assignments pursuant to a post and bid procedure contained in an agreement between the State employer and the exclusive representative is not protected activity under the Dills Act. more or view all topics or full text.
3210106/17/08
1778E Klamath-Trinity Joint Unified School District
300.17000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Other
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
1791E Los Angeles Unified School District
300.17000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Other
While Kahn alleges that his refusal to hand over his log book was protected, refusal to comply with a supervisor’s directive, under these circumstances, is not protected conduct. more or view all topics or full text.
303212/29/05
1766M City of Monterey
300.17000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Other
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
1723S State of California (Department of Corrections)
300.17000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Other
Charging party was not disciplined for protected activity but instead for telling psych techs to go against written policy and act in a manner inconsistent with management directives. Telling employees to violate management directives is not protected activity. more or view all topics or full text.
292812/13/04
1674E Fresno County Office of Education
300.17000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Other
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
1508E San Marcos Unified School District
300.17000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Other
Non-disruptive informational picketing is protected activity under EERA; it is a collective activity both constitutionally protected and long recognized in foundational labor law to be intimately related to the ability of employees to engage in union activities, a right literally conferred by the text of EERA. The Board need not and does not speculate regarding the status or definition of other forms of picketing under EERA. more or view all topics or full text.
272701/16/03
1690S State of California (Department of Forestry and Fire Protection)
300.17000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Other
Request for a transfer does not constitute protected activity. more or view all topics or full text.
2825409/17/04
1683E California School Employees Association and its Chapter 36 (Peterson)
300.17000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Other
Charging party alleged that union removed him from union position because he also held an office in the Classified Senate. Board found that since Classified Senate is not an “employee organization” under EERA, holding office in such an organization is not protected activity. more or view all topics or full text.
2824208/27/04
1657E Los Angeles Unified School District
300.17000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Other
Temporary teacher’s refusal to sign form that was valid condition of employment is not protected activity. Defense that he was following union advice does not raise conduct to level of protected activity. more or view all topics or full text.
2819607/08/04
1561E Bellevue Union Elementary School District
300.17000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Other
In work-to-contract cases, the inquiry focuses on whether the activities which were not performed are voluntary or required. A refusal to perform purely voluntary duties is protected conduct, while the refusal to perform normally required to assigned duties is not. more or view all topics or full text.
282412/08/03

300.17000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Other
The creation of a management unit including law enforcement does not prohibit peace officers under section 3508 from joining or participating in employee organizations which are comprised solely of peace officers. more or view all topics or full text.
1435S State of California (Department of Corrections)
300.17000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Other
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
1365Sa State of California (Employment Development Department)
300.17000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Other
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
1520E Contra Costa Community College District
300.17000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Other
Employee’s statement that he was not unsympathetic to faculty members organizing a no confidence vote is a statement of support of faculty members protesting management practices on matters within scope and therefore protected activity. more or view all topics or full text.
276905/08/03
1479Sa California State Employees Association (Hard, et al.)
300.17000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Other
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
1365S State of California (Employment Development Department) * * * SUPERCEDED by State of California (Employment Development Department) (2001) PERB Decision No. 1365a-S
300.17000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Other
Thirty employees conducted the unity break during their morning break in the Long Beach EDD office, they did so in a work area in which approximately 30 other employees were at their work stations on duty. Therefore, the unity break activity did not occur during nonwork time in a nonwork area and EDD may restrict the activity in order to maintain order and production; pp. 10-11. Activities such as the unity break at issue in this case may be restricted by the employer if they do not occur during nonwork time in nonwork areas. In these circumstances, the employer must be given leeway to restrict those activities in order to maintain order, production or discipline. This would include situations in which the employees conducting the activities are on nonwork time, but the activities occur in a work area during a period in which other employees are working; p. 10. more or view all topics or full text.
243102612/17/99

300.17000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Other
Following NLRA precedent establishing parameters of protected conduct, court held that employee's activity on behalf of a fellow employees' union is protected activity under EERA. [189 Cal.App.3d at 311] more or view all topics or full text.
1263H Regents of the University of California (University Professional and Technical Employees)
300.17000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Other
PERB has held that an "employee's right to engage in concerted activity may permit some leeway for impulsive behavior, which must be balanced against the employer's right to maintain order and respect." An activity loses its protected character when the activity is "opprobrious, flagrant, insulting, defamatory, insubordinate, or fraught with malice"; p. 46. An employer may expect that employee activity be carried out in a lawful manner through the pursuit of lawful means; p. 47; Notices asserting "possible" sick leave are protected. more or view all topics or full text.
222909004/28/98
1129E Los Angeles Unified School District (Davis)
300.17000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Other
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
1063S State of California (Department of General Services) (Strickland)
300.17000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Other
While it may be protected for the charging party to advocate the removal of the Chief Engineer I (CE I) classification from the bargaining unit, his stated intention to proceed with a civil tort action regarding CE I involvement on the interview panel and his refusal to take direction from a CE I, are not protected by the Dills Act; p. 27, proposed dec. more or view all topics or full text.
192600310/27/94
1052E Scotts Valley Union Elementary School District
300.17000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Other
Protected activity found teacher insisted on adherence to the contract with respect to the workdays required of the counselor; p. 17. Protected activity found when charging party efforts to avoid teachers having to meet after school; pp. 17-18. more or view all topics or full text.
182511508/24/94
1026S State of California (Department of Parks and Recreation) (International Union of Operating Engineers, Craft-Maintenance Division, Units 12 and 13)
300.17000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Other
The protected right to wear union buttons is not unlimited and is subject to reasonable regulation. If special circumstances exist, then the employer may be within its rights to limit or prohibit the wearing of buttons by employees; p. 4. Union had clear purposes in having employees wear buttons as it had just won a decertification election and was trying to build support among its new members; p. 20, proposed dec. Wearing of buttons not protected by first amendment. more or view all topics or full text.
182501111/17/93
0957E Los Angeles Unified School District (Kaady)
300.17000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Other
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
0901E San Diego Unified School District
300.17000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Other
EERA section 3543 does not guarantee employees the right to vote in general elections free from the influence of financial self-interest; p. 2, warning letter. more or view all topics or full text.
152215309/19/91
0902E San Diego Teachers Association (Hernandez)
300.17000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Other
EERA section 3543 does not guarantee employees the right to vote in general elections free from the influence of financial self-interest; pp. 2-3. more or view all topics or full text.
152215209/19/91
0872H Regents of the University of California (Einheber)
300.17000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Other
An association member's review and comment on an employee's letter to University chancellor, in which the employee conveys his personal views on a policy affecting working conditions, is insufficient to constitute protected conduct; p. 25. Merely including the name of a union representative among those receiving a copy of correspondence does not, without more, constitute protected conduct. more or view all topics or full text.
152206403/21/91
0708E Pleasant Valley School District * * * OVERRULED IN PART by County of Santa Clara (2017) PERB Decision No. 2539-M
300.17000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Other
Employee's safety complaint constituted exercise of his right to represent himself in his employment relations with District and, therefore, was conduct expressly protected under EERA. more or view all topics or full text.
132001612/21/88
0641H California State University, Long Beach
300.17000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Other
Merely including a union representative's name among recipients of "carbon copies" of correspondence authored by an employee does not, without more, constitute protected conduct. Protected status of such depends on the context and must be resolved on a case-by-case basis. more or view all topics or full text.
121900612/11/87
1733E California School Employees Association and Its Chapter 36 (Peterson)
300.17000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Other
Participation in classified senate (not an employee organization) is not protected. Consultation with employer officials about matters outside of scope of representation not protected. more or view all topics or full text.
295012/28/04
0401E Inglewood Unified School District
300.17000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Other
No violation where there was no evidence that adverse personnel actions taken against employee were motivated by employees exercise of protected rights; there was no protected activity of sufficent moment to establish that they were a motivating factor of discriminatory termination; pp. 42, 46, proposed dec. more or view all topics or full text.
81515408/29/84
0371E Mammoth Unified School District
300.17000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Other
Refusal to accept coaching position unlawfully assigned not protected because contract contained comply now and grieve later provision; pp. 8-9. more or view all topics or full text.
81501512/29/83
0345E Sierra Joint Community College District
300.17000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Other
No protected right for organization to address school board on selection of management. more or view all topics or full text.
71425509/22/83
0291E Modesto City Schools
300.17000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Other
Refusal to participate in required duties is not protected organizational activity; p. 19. While refusal to perform a purely voluntary activity is protected conduct; p. 15. Board will find violation even where assigned duty is discretionary if refusal to perform is for reasons other than professional judgement, i.e., as a pressure tactic during course of negotiation; p. 14. Refusal to (1) participate in evaluation procedure; p. 18; (2) turn in keys; p. 20; (3) prepare lesson plans; p. 21; and (4) attend faculty meetings; p. 22; is not protected activity. more or view all topics or full text.
71409003/08/83
0257S State of California (Department of Transportation)
300.17000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Other
Employee criticism of a supervisor's performance constitutes protected activity when its purpose is to advance employees' interests in working conditions, as opposed to merely being the result of a personal grudge. more or view all topics or full text.
71400311/06/82