All notes for Subtopic 400.02000 – Right Not to Participate

DecisionDescriptionPERC Vol.PERC IndexDate
2525M City of Livermore
400.2000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; EMPLOYER INTERFERENCE WITH, RESTRAINT, OR COERCION OF EMPLOYEES; Right Not to Participate
City’s local rule requiring 60 percent support by affected employees for a proposed unit modification interferes with employees’ protected right to freely choose and be represented by an effective representative by a simple majority vote. (p. 11.) more or view all topics or full text.
4117305/04/17
2280M County of Riverside
400.2000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; EMPLOYER INTERFERENCE WITH, RESTRAINT, OR COERCION OF EMPLOYEES; Right Not to Participate
Neither MMBA section 3502 nor the Fourteenth Amendment is offended by a system of service or agency fees. The union chosen by a majority of unit employees as the exclusive representative of the employees in the bargaining unit, may implement a service or agency fee system requiring all unit employees either to join the union or in lieu of joining to pay the union a service or agency fee. (Abood v. Detroit Bd. of Educ. (1977) 431 U.S. 209, 221-222; Cumero v. Public Employment Relations Bd. (1989) 49 Cal.3d 575, 588-589.) Due process protections required as a condition to implementing a service or agency fee are sufficient to protect employees’ interests under the Fourteenth Amendment. (Chicago Teachers Union v. Hudson (1986) 475 U.S. 292.) more or view all topics or full text.
08/14/12
2106S State of California (Department of Personnel Administration) * * * VACATED by State of California (Department of Personnel Administration) PERB Decision No. 2106a-S
400.2000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; EMPLOYER INTERFERENCE WITH, RESTRAINT, OR COERCION OF EMPLOYEES; Right Not to Participate
Union member employees exercised protected rights when they chose to join the union. more or view all topics or full text.
347904/30/10
0435E Fremont Unified School District
400.2000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; EMPLOYER INTERFERENCE WITH, RESTRAINT, OR COERCION OF EMPLOYEES; Right Not to Participate
Allegation that employer retroactively deducted agency fee without employee authorization does not state a prima facie allegation of interference. Employee right not to participate in activities of employee organization not violated by agency fee agreement between employer and exclusive representative. R.A. dismissal upheld. more or view all topics or full text.
81522411/21/84
0977E Sierra Sands Unified School District
400.2000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; EMPLOYER INTERFERENCE WITH, RESTRAINT, OR COERCION OF EMPLOYEES; Right Not to Participate
The statutory right to refuse to participate in the activities of an employee organization includes within it a protected right to oppose the imposition of agency fees; p. 12, proposed dec. more or view all topics or full text.
172405102/23/93