All notes for Subtopic 401.09000 – Mail Systems

DecisionDescriptionPERC Vol.PERC IndexDate
2586E Chula Vista Elementary School District (Yvellez)
401.9000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Mail Systems
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
2588E Los Angeles Unified School District
401.9000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Mail Systems
A public school employer’s e-mail system is an “other means of communication” under EERA section 3543.1, subd. (b), which sets forth employee organizations’ statutory right to access the employer’s premises for communication with public employees. (pp. 6-7.) However, the employee organization’s statutory right does not require a public school employer to send broadcast e-mails to employees on the employee organization’s behalf. (p. 8.) more or view all topics or full text.
436310/17/18
2586E Chula Vista Elementary School District (Yvellez)
401.9000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Mail Systems
Under Napa Valley Community College District (2018) PERB Decision No. 2563, all employees granted rightful access to their employer’s email system in the course of their employment have a presumptive right to use the email system to engage in EERA-protected communications on nonworking time. An employer may rebut the presumption by demonstrating that special circumstances, necessary to more or view all topics or full text.
436009/28/18
2054E Conejo Valley Unified School District
401.9000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Mail Systems
Education Code section 7054 supersedes access rights under EERA; therefore, a union may not use school district mail facilities to distribute newsletters containing political endorsements. more or view all topics or full text.
3313607/27/09
1772E San Leandro Unified School District
401.9000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Mail Systems
Education Code section 7054 supersedes access rights under EERA; therefore, a union may not use school district mail facilities to distribute newsletters containing political endorsements. more or view all topics or full text.
2914506/28/05
1664M City and County of San Francisco
401.9000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Mail Systems
Local 790 has not cited authority to support its allegation that it is unlawful for the City to insist on mailing grievance responses to Local 790’s address and not to Poon’s work address and so no interference is found here. more or view all topics or full text.
2823107/27/04
1467E San Diego Community College District
401.9000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Mail Systems
District's prohibition on use of inter-site mail system by union for political purposes is mandated by Education Code section 7054 thus policies prohibiting such use are removed from scope of representation to the extent Section 7054 clearly evidences an intent to set an inflexible standard or insure immutable provisions. more or view all topics or full text.
263301411/28/01
0833E Los Rios Community College District
401.9000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Mail Systems
A district is foreclosed from carrying unstamped personal mail by U.S. Postal Regulations and it makes no difference if the sender is an individual employee or union; p. 4-5. more or view all topics or full text.
142116008/10/90
0725H Regents of the University of California (University of California, American Federation of Teachers)
401.9000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Mail Systems
Access rights under HEERA are restricted by federal Private Express Statutes which apply to all unions, exclusive representative or not; pp. 5-7. Access for internal mail remains subject to "reasonable regulation" pursuant to Gov. Code section 3568; pp. 8-9. Reversed and remanded by 1st DCA, Case No. A045723. more or view all topics or full text.
132006503/21/89
0593E Inglewood Unified School District
401.9000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Mail Systems
Violation found where employer's justification not persuasive and not consistent in application. more or view all topics or full text.
101717510/15/86
0420H University of California at Berkeley (Wilson) * * * REVERSED IN PART by the U.S. Supreme Court (485 U.S. 589)
401.9000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Mail Systems
Section 3568 grants employee organizations the right to use the internal university mail system for distribution of organization literature. The private carriage of employee organization materials through the university's internal mail system does not conflict with federal postal statutes. (Note: Reversed in Regents of the University of California v. Public Employment Relations Board. (1988) 485 U.S. [99 L.Ed.2d 644]. more or view all topics or full text.
81519610/18/84
0254E San Ramon Valley Unified School District
401.9000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Mail Systems
EERA section 3543.1(b) grants organizations the right to use employer mail facilities, subject to reasonable regulation; interference with right constitutes violations of EERA section 3543.5(a) and 3543.5(b); p. 3. Education Code section 7054 does not preclude the employer's distribution of union materials referencing a statewide ballot measure, since the latter does not constitute a "school measure of the district." more or view all topics or full text.
61325010/29/82
0159Sb State of California (Department of Transportation) (State Trial Attorneys Association)
401.9000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Mail Systems
Employee organization has right to use State employer's internal mail system if it can demonstrate that the usual channels of communication with the employees in question are either ineffective or unreasonably difficult to utilize. No violation where union failed to demonstrate that alternate means were unavailable. more or view all topics or full text.
51206807/07/81
0099E Richmond Unified School District/Simi Valley Unified School District
401.9000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Mail Systems
EERA authorizes organizational access to school mail systems subject to reasonable regulation; pp. 9-14. School employer regulations for use of mail system should be narrowly drawn to cover time, place and manner without impinging on content; pp. 15-19. District's regulations found to be unreasonably vague and overbroad where they prohibited publication advocating, advising or suggesting noncompliance with the Ed. Code or board rules and barred material of obvious political nature, or controversial and derogatory; pp. 20-26. District's application of its regulation was unreasonable where it didn't follow its own policy; pp. 26-28. District's application of its regulation was unreasonable where it didn't follow its own policy; pp. 26-28. more or view all topics or full text.
31010508/01/79