All notes for Subtopic 401.10000 – Released Time
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 3006M |
County of San Diego
401.10000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Released Time
Bargaining release time covers not only time spent negotiating but also reasonable time for preparation and internal union caucuses. (Oroville Union High School District (2019) PERB Decision No. 2627, pp. 14-18 [vacated in part on other grounds].) (p. 5, fn. 5.) more or view all topics or full text. |
50 | 124 | 02/17/26 |
| 3006M |
County of San Diego
401.10000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Released Time
A union may not waive the right to receive release time without loss of compensation or benefits. Parties, however, are not prevented from agreeing to release-time terms that are more generous than those required by MMBA section 3505.3(a). (See San Bernardino County Superintendent of Schools (2024) PERB Decision No. 2934, p. 22 [where a statutory right is non-waivable, parties may nonetheless agree to more generous terms].) Moreover, the same principles apply to release time for bargaining as to other forms of release time that MMBA section 3505.3 protects. (pp. 5, fn. 15 & 15-16.) more or view all topics or full text. |
50 | 124 | 02/17/26 |
| 3006M |
County of San Diego
401.10000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Released Time
An employer’s failure to provide full compensation for work hours missed due to negotiations would create a chilling effect on the exercise of protected rights. An employer cannot provide full compensation for work hours missed due to negotiations, measured against released employees’ regular compensation, if it withholds hourly leave accruals, pension service credit, credit toward overtime, or other compensation or benefits that derive from total hours. “To construe it otherwise would exact a penalty on employees for engaging in formal negotiations, and create a chilling effect on the exercise of protected employee rights, i.e., participation in organizational activities.” (County of Riverside (2013) PERB Decision No. 2307-M, pp. 32-33.) Moreover, the same principles apply to release time for bargaining as to other forms of release time that MMBA section 3505.3 protects. (pp. 5, fn. 15 & 13-14.) more or view all topics or full text. |
50 | 124 | 02/17/26 |
| 3006M |
County of San Diego
401.10000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Released Time
Where MMBA section 3505.3 and similar PERB-administered statutes require employers to provide reasonable release time to a reasonable number of employees, without loss of compensation or benefits, the Board construes “‘loss” as measured against the amount of pay the employee would have earned if the employee had not been released for bargaining. (County of Riverside (2013) PERB Decision No. 2307-M, p. 32 (Riverside I); see also County of Riverside (2018) PERB Decision No. 2573-M, p. 26 (Riverside II) ([“loss of compensation or other benefits” must always be measured against what employees would have received if they had not been released for bargaining].) In sum, the statutory standard—“without loss of compensation or other benefits”—requires that release time and associated benefits at least equals what the released employees would have earned had they not been released for bargaining or another purpose set forth in section 3505.3. However, the statutory standard does not require employees to be paid for time spent in collective bargaining negotiations if that time exceeds the regular work hours they are missing due to negotiations. In other words, section 3505.3(a) holds employees harmless for replacing regular work time with release time but does not mandate that they are better off financially for having done so. Moreover, the same principles apply to release time for bargaining as to other forms of release time that MMBA section 3505.3 protects. (pp. 5, fn. 15 & pp. 9-12, 17.) more or view all topics or full text. |
50 | 124 | 02/17/26 |
| 3006M |
County of San Diego
401.10000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Released Time
San Mateo County Community College District (1993) PERB Decision No. 1030 (San Mateo) held that a union cannot prevail in a PERB charge alleging that its negotiated agreement provides a substandard “quantity” of release time. (Id. at p. 16 (emphasis supplied).) County of Riverside (2013) PERB Decision No. 2307-M (Riverside I) clarified San Mateo in an important respect, limiting its holding to its specific context—a union challenging an agreement’s provision as to the quantity of allowable release time. (Riverside I, at pp. 29-30.) Taking San Mateo and Riverside I together, the Board further clarified that a union cannot challenge an operative collective bargaining agreement setting the number of employees released for bargaining or the quantity of allowable release time, as those topics are bargainable. In contrast, the right to receive release time without loss of compensation or other benefits is a non-waivable minimum statutory guarantee. (pp. 7-8.) more or view all topics or full text. |
50 | 124 | 02/17/26 |
| 3006M |
County of San Diego
401.10000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Released Time
MMBA section 3505.3 is one of multiple PERB-administered statutes requiring employers to provide reasonable release time to a reasonable number of employees, without loss of compensation or benefits. The number of employees released and/or the amount of release time provided are bargainable. However, the requirement that release time be provided without loss of compensation and benefits constitutes a measurable, non-waivable minimum statutory guarantee. (County of Riverside (2013) PERB Decision No. 2307-M, pp. 29-30.) (p. 8.) more or view all topics or full text. |
50 | 124 | 02/17/26 |
| 3006M |
County of San Diego
401.10000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Released Time
MMBA section 3505.3 is one of multiple PERB-administered statutes requiring employers to provide reasonable release time to a reasonable number of employees, without loss of compensation or benefits. For those two aspects of release time, the PERB-administered statutes provide an enforceable statutory right in the absence of any collective bargaining agreement, but if an operative agreement specifies the number of employees to be released, then it controls as to that specific term, and the same is true if there is operative agreement as to the number of days or hours of release time afforded. (San Mateo County Community College District (1993) PERB Decision No. 1030, pp. 14-16.) Indeed, this principle is true irrespective of whether the governing statute includes a provision stating that an operative agreement will control as to the number of employees released and/or the amount of release time provided; certain PERB-administered statutes include such a provision while other statutes do not, but PERB interprets these disparate laws in the same manner. (Ibid.) (pp. 7-8.) more or view all topics or full text. |
50 | 124 | 02/17/26 |
| 2573M |
County of Riverside
401.10000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Released Time
MMBA section 3505.3 entitles employees to the same compensation they would have otherwise earned if they had not been released for bargaining. more or view all topics or full text. |
43 | 17 | 06/25/18 |
| 1374S |
State of California (Department of Youth Authority)
401.10000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Released Time
To determine whether an employee is entitled to a particular union steward for representation, all relevant circumstances must be examined on a case-by-case basis. Here it was reasonable because it didn't cause inordinate use of release time it was part of longstanding practice, and steward was knowledgeable in area being discussed. more or view all topics or full text. |
24 | 31059 | 02/28/00 |
| A007E |
Oakland Unified School District
401.10000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Released Time
No right to released time for purposes of voting; p. 1. more or view all topics or full text. |
1 | 90 | 04/11/77 |
| A004E |
San Diego Unified School District
401.10000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Released Time
Sec. 3543.1's provision for released time for meeting and negotiating does not provide right to release time for organizing and election purposes; pp. 1-2. more or view all topics or full text. |
1 | 45 | 02/07/77 |
| A003E |
Richmond Unified School District
401.10000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Released Time
Sec. 3543.1's provision for released time for meeting and negotiating does not provide right to release time for organizing and election purposes; pp. 1-2. more or view all topics or full text. |
1 | 42 | 01/13/77 |
| 0912E |
Willits Unified School District
401.10000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Released Time
District unilaterally implemented a change in its past practice of granting released time for negotiations, by denying released time to union chief negotiator to attend PERB settlement conference, where underlying charge was interpretation of section of parties' CBA. No statutory right to release time for post-impasse negotiations session held outside the formal impasse procedures. more or view all topics or full text. |
16 | 23002 | 12/05/91 |
| 0640H |
Regents of the University of California
401.10000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Released Time
No denial of reasonable release time where employer released union's negotiating team for all negotiations sessions plus reasonable travel time. more or view all topics or full text. |
12 | 19007 | 12/10/87 |
| 0471E |
Gilroy Unified School District
401.10000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Released Time
District unlawfully interfered with employee rights when it refused to consider released time; p. 16. more or view all topics or full text. |
9 | 16042 | 12/28/84 |
| 0189H |
Regents of the University of California (California State Employees Association)
401.10000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Released Time
HEERA does not compel the University to grant released time to employees who attend (PERB) informal settlement conferences on behalf of a non-exclusive representative. more or view all topics or full text. |
6 | 13019 | 12/22/81 |
| 0995S |
State of California (Department of Personnel Administration) (California State Employees Association)
401.10000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Released Time
The unambiguous terms of the parties' ground rules lead to the conclusion that the state has agreed to released time only for negotiating sessions; p. 7. Temporarily authorizing a higher level of released time than that required by the negotiated ground rules does not create an obligation to continue to do so indefinitely; p. 8. Union's bargaining team received reasonable released time because it was far in excess of that received in previous negotiations or in accordance with, and in excess of, the ground rules which it negotiated with the state; p. 9. more or view all topics or full text. |
17 | 24091 | 05/10/93 |
| 0134E |
San Ysidro School District
401.10000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Released Time
Reneging on release time which had already been agreed to was a 3543.5(c) violation and concurrently a 3543.5(a) violation because it interfered with employees right to meet and negotiate; conduct also concurrently violated 3543.5(b); p. 14. more or view all topics or full text. |
4 | 11105 | 06/19/80 |
| 0019E |
Magnolia School District
401.10000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Released Time
Employer's restriction of released time to 1/2 hour at end of instructional day constitutes per se 3543.5(b) violation because of the rigidity and inflexibility of employer's policy. more or view all topics or full text. |
1 | 258 | 06/27/77 |
| 0080E |
Muroc Unified School District
401.10000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Released Time
District granted release time to a reasonable number of union negotiators (4) where record devoid of evidence of need for more and where district's policy was not unyielding to changing circumstances; among relevant factors in determining reasonable number released are complexity of negotiations, reasonable needs of union to include reps. of various subgroups in unit, and number of hours spent in negotiations; given differences in operation, particularly lack of exclusive rep.; past practice under Winton Act of little relevance in determining release time needs under EERA; pp. 10-13. more or view all topics or full text. |
3 | 10004 | 12/15/78 |
| 0067E |
Burbank Unified School District * * * OVERRULED IN PART by Oroville Union High School District (2019) PERB Decision No. 2627
401.10000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Released Time
* * * OVERRULED IN PART by Oroville Union High School District (2019) PERB Decision No. 2627, where the Board held that release time under EERA includes reasonable time to prepare for negotiations. * * *
Right to released time only when meeting and negotiating and for the processing of grievances; meeting and negotiating included mediation and factfinding and caucusing, but does not include time necessary to prepare for negotiations or, under normal circumstances, time for rest and recuperation after a negotiations session; where some time was available for rest, there was no violation from refusal to grant released time after late night mediation session; p. 5. more or view all topics or full text. |
2 | 2173 | 08/21/78 |