All notes for Subtopic 401.10000 – Released Time

DecisionDescriptionPERC Vol.PERC IndexDate
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.
431706/25/18
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.
243105902/28/00
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.
19004/11/77
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.
14201/13/77
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.
14502/07/77
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.
162300212/05/91
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.
121900712/10/87
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.
91604212/28/84
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.
61301912/22/81
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.
172409105/10/93
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.
41110506/19/80
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.
125806/27/77
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.
31000412/15/78
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
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.
2217308/21/78