All notes for Subtopic 401.12000 – Right to Address Governing Board

DecisionDescriptionPERC Vol.PERC IndexDate
2697M County of Tulare (Service Employees International Union Local 521)
401.12000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Right to Address Governing Board
An exclusive representative has a right to engage in direct and indirect advocacy with an employer’s elected and unelected officials, up to and including the employer’s highest levels, provided that the exclusive representative does not make new collective bargaining proposals that the exclusive representative has not already made in negotiations with the employer’s chosen bargaining team. (Anaheim Union High School District (2015) PERB Decision No. 2434, pp. 52-53; Westminster School District (1982) PERB Decision No. 277, p. 10; San Ramon Valley Unified School District (1982) PERB Decision No. 230, pp. 16-18.) Union representative’s e-mails to County’s Board of Supervisors were protected advocacy and not impermissible direct dealing, where Union representative’s e-mails did not present any proposals that the Union had not already made in negotiations or advocate for contract terms differing materially from previous Union proposals. (PARTIALLY OVERRULING County of Inyo (2005) PERB Decision No. 1783-M, to extent it found that union engaged in direct dealing during a presentation to the employer’s board where there was no allegation that the union made new proposals from those union sought in bargaining during the presentation.) more or view all topics or full text.
02/20/20
0475E Escondido Union School District
401.12000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Right to Address Governing Board
District did not deny Association the right to address school board; pp. 4-6. more or view all topics or full text.
91605212/31/84
0345E Sierra Joint Community College District
401.12000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Right to Address Governing Board
District bylaw intending to regulate presentations made by employee organizations to the board of trustees violates subsection 3543.5(a) and (b); pp. 16-17. Employee organization has right to address the District trustees in public session regarding employee satisfaction surveys provided the organization does not intentionally or inadvertently attempt to negotiate; pp. 15-16. District required to place the union's management consultant proposal on a public board meeting's agenda because the proposal would address cost-of-living wage adjustments and the employee representative did not intend to negotiate with trustees on the subject; pp. 14-15. Employer's need to select its own management is to fundamental to be burdended by the requirement that its decisions be subject to employee or organization scrutiny or comment. burdended by the requirement that its decisions be subject to employee or organization scrutiny or comment. more or view all topics or full text.
71425509/22/83