All notes for Subtopic 401.13000 – Rights Pertaining to Exclusivity (See also 603)
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| I057M | City of Fremont 401.13000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Rights Pertaining to Exclusivity (See also 603) The MMBA accords recognized employee organizations the right to represent their members in their employment relations with public agencies, and it is unlawful for a public agency to deny these organizations the rights guaranteed to them under the MMBA. more or view all topics or full text. | 38 | 68 | 10/25/13 |
| 2010M | Omnitrans 401.13000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Rights Pertaining to Exclusivity (See also 603) Under the MMBA, an exclusive representative has a basic statutory right to file grievances in its own name. Employer’s refusal to process grievance filed by union in its own name violated MMBA section 3503 and also unlawfully interfered with the rights of employees in violation of MMBA section 3506. more or view all topics or full text. | 33 | 54 | 03/10/09 |
| 1504E | Clovis Unified School District 401.13000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Rights Pertaining to Exclusivity (See also 603) Contrary to the District’s assertion, the test for whether a respondent has interfered with the rights of employees under EERA does not require that unlawful motive be established, only that at least slight harm to employee rights results from the conduct. In this matter, the District’s failure to notify CSEA of the October 9 election, plan to implement the election results, and failure to provide CSEA with the ability to negotiate interfered with unit members’ rights to representation under EERA section 3543.5(a). more or view all topics or full text. | 27 | 15 | 12/18/02 |
| 0890H | California State University (California State Employees Association/Service Employees International Union Local 1000) 401.13000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Rights Pertaining to Exclusivity (See also 603) 3751(b) allegation failed to state a prima facie case, as under HEERA, employee organizations have not been granted a general and independent statutory right to represent unit members in their employment relations with their employer; p. 5, warning letter. more or view all topics or full text. | 15 | 22108 | 06/19/91 |
| 0834E | Chula Vista City School District 401.13000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Rights Pertaining to Exclusivity (See also 603) Exclusive representative has right to grieve in its own name, take a grievance to arbitration without the involved employee's permission and file unit modification petitions but no right to be physically present at all grievance stages. more or view all topics or full text. | 14 | 21162 | 08/16/90 |
| 0070E | Chula Vista City School District 401.13000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Rights Pertaining to Exclusivity (See also 603) Allowing non-exclusive rep. to address school board at public meeting on subject of increase in wages not unlawful where board did not engage in negotiations and where there was no interference with exclusive rep.'s right to be sole rep. of unit employees in their employment relations with the district; p. 5; pp. 5-11, proposed dec. more or view all topics or full text. | 2 | 2186 | 09/18/78 |