All notes for Subtopic 403.01000 – In General; Unlawful Surveillance

DecisionDescriptionPERC Vol.PERC IndexDate
2895M Palomar Health
403.01000: EMPLOYER INTERFERENCE; RESTRAINT, COERCION; SURVEILLANCE; In General; Unlawful Surveillance
An employer engages in unlawful surveillance when the employer photographs or videotapes employees or openly engages in recordkeeping of employees participating in union activities. (Lake Tahoe Unified School District (1999) PERB Decision No. 1361, adopting warning letter at p. 2.) “Photographing and recordkeeping are proscribed because of their ‘tendency to intimidate.’” (County of San Bernardino (2018) PERB Decision No. 2556-M, p. 20.) Here, the Board found that the employer engaged in unlawful surveillance when it photographed union representatives interacting with bargaining unit employees in front of the main entrance to a medical center and when, during a meeting of union representatives and bargaining unit members in the medical center’s cafeteria, it created the impression that it was transmitting, and possibly recording, audio. (pp. 42-48.) more or view all topics or full text.
03/15/24
2867M * * * JUDICIAL APPEAL PENDING * * * City and County of San Francisco
403.01000: EMPLOYER INTERFERENCE; RESTRAINT, COERCION; SURVEILLANCE; In General; Unlawful Surveillance
Charter subsections that require actual surveillance of employees engaging in strike activities and create the appearance of surveillance found unlawful. Surveillance of protected activity, or creating the appearance of surveillance, totally conflicts with the MMBA. (County of San Bernardino (2018) PERB Decision No. 2556-M, p. 20 [employer photographing or videotaping employees or openly engaging in recordkeeping of employees participating in union activities is unlawful surveillance because of the tendency to intimidate employees].) (pp. 31-32.) more or view all topics or full text.
483007/24/23
2556M County of San Bernardino
403.01000: EMPLOYER INTERFERENCE; RESTRAINT, COERCION; SURVEILLANCE; In General; Unlawful Surveillance
The NLRB has generally found that an employer has engaged in unlawful surveillance when the employer photographs or videotapes employees or openly engages in recordkeeping of employees participating in union activities. The mere observation of open, public union activity on or near the employer’s property, however, does not constitute unlawful surveillance. more or view all topics or full text.
4211403/06/18
1361E Lake Tahoe Unified School District
403.01000: EMPLOYER INTERFERENCE; RESTRAINT, COERCION; SURVEILLANCE; In General; Unlawful Surveillance
The National Labor Relations Board has generally found that an employer has engaged in unlawful surveillance when the employer photographs or videotapes employees or openly engages in record keeping of employees participating in union activities; p. 2, warning letter. Unlawful surveillance of union activities was not demonstrated where the District was given copies of union meeting minutes and a fax by bargaining unit members, and inadvertently obtained a letter intended for the union president; p. 3, partial dismissal letter. There was no evidence in the charge that the District unlawfully obtained the documents described in the charge and therefore the NLRB cases where employers had unlawfully obtained information are distinguished; p. 3, partial dismissal letter. more or view all topics or full text.
243101712/01/99