All notes for Subtopic 400.02000 – Right Not to Participate
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 1738M | City of San Diego 400.02000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; EMPLOYER INTERFERENCE WITH, RESTRAINT, OR COERCION OF EMPLOYEES; Right Not to Participate Employee engaged in protected activity by abstaining from participation in the Association. The benefit policy in question tended to interfere with non-Association employees by denying them a benefit opportunity. The more the employees needed or wanted that benefit opportunity, the more they were coerced into abandoning their protected activity of non-participation in the Association, and the employer had no legitimate business justification for that policy. (adopting proposed decision at p. 11.) more or view all topics or full text. | 29 | 57 | 01/20/05 |
| 2525M | City of Livermore 400.02000: 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. | 41 | 173 | 05/04/17 |
| 2280M | County of Riverside 400.02000: 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. | 37 | 51 | 08/14/12 |
| 0435E | Fremont Unified School District 400.02000: 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. | 8 | 15224 | 11/21/84 |
| 0977E | Sierra Sands Unified School District 400.02000: 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. | 17 | 24051 | 02/23/93 |