All notes for Subtopic 302.01000 – In General

DecisionDescriptionPERC Vol.PERC IndexDate
2300H Regents of the University of California
302.1000: UNFAIR PRACTICE ISSUES; PICKETING; In General
The right to picket peaceably and truthfully is one of organized labor’s lawful means of advertising its grievances to the public, and as such is guaranteed by the Constitution as an incident of freedom of speech. The same right is protected under EERA, as 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. No less protected is the right to leaflet. Both activities are undertaken to publicize the labor dispute to the public, to garner the public’s support for labor’s position, to demonstrate the strength and support for union demands, to build solidarity among fellow employees, etc. more or view all topics or full text.
12/20/12
2141M City of San Jose
302.1000: UNFAIR PRACTICE ISSUES; PICKETING; In General
Picketing by building inspectors directed at private employers with the object of inducing private employees to refuse to work, shutting down private construction sites, was an unfair pressure tactic in violation of the MMBA. Tactics were particularly coercive given that the inspectors possessed direct regulatory control over the construction projects they picketed. The disruption of the business of neutral third parties is inconsistent with the public interest in promoting harmonious labor relations as well as the efficient delivery of public services. The absence of specific language in the MMBA prohibiting secondary picketing does not preclude finding picketing constituted an unlawful pressure tactic, since PERB has broad authority to identify unfair pressure tactics that undermine the collective bargaining process, even if such conduct is not specifically prohibited by the governing statute. more or view all topics or full text.
3416711/10/10
1725E Hilmar Unified School District
302.1000: UNFAIR PRACTICE ISSUES; PICKETING; In General
Non-disruptive informational picketing is protected under EERA. more or view all topics or full text.
293512/15/04
1508E San Marcos Unified School District
302.1000: UNFAIR PRACTICE ISSUES; PICKETING; In General
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
0208E Fresno Unified School District
302.1000: UNFAIR PRACTICE ISSUES; PICKETING; In General
Absent an atmosphere of intimidation and violence, mere namecalling, abusive or vulgar language, and photographing and taking of license numbers did not interfere with nonstrikers exercising their right to refrain from participating in the activities of the Association; pp. 12-14. Test is whether picket line misconduct may reasonably tend to coerce or intimidate employees in the exercise of their rights. Individual feelings are not the measure. Blocking of egress and ingress is coercive when it occurs in conjunction with an atmosphere of intimidation and violence. Isolated examples of photographing or taking license numbers were not coercive. more or view all topics or full text.
61311004/30/82