All notes for Subtopic 403.02000 – Taking Photographs or Motion Pictures
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 3048M |
City of Novato
403.02000: EMPLOYER INTERFERENCE; RESTRAINT, COERCION; SURVEILLANCE; Taking Photographs or Motion Pictures
The appearance of surveillance by an employer’s agent is sufficient to establish a prima facie interference case. (Palomar Health (2024) PERB Decision No. 2895-M, pp. 47-48; County of San Bernardino (2018) PERB Decision No. 2556-M, pp. 21-22.) (pp. 6-7.) more or view all topics or full text. |
51 | 56 | 08/12/26 |
| 3048M |
City of Novato
403.02000: EMPLOYER INTERFERENCE; RESTRAINT, COERCION; SURVEILLANCE; Taking Photographs or Motion Pictures
Surveillance of protected activity, as well as the appearance of such surveillance, constitutes conduct that tends to chill the exercise of protected rights. (Palomar Health (2024) PERB Decision No. 2895-M, pp. 43-48 (Palomar); County of San Bernardino (2018) PERB Decision No. 2556-M, pp. 20-21 (San Bernardino).) Accordingly, a charging party pleads a valid prima facie case of interference by alleging that an employer’s agent has gone beyond merely observing open, public protected activity near the employer’s property and instead has: (a) photographed, video recorded, or engaged in other recordkeeping of protected activities, or (b) created the appearance of such conduct. (Palomar, supra, pp. 43-48; San Bernardino, supra, pp. 20-21.) (p. 6.) more or view all topics or full text. |
51 | 56 | 08/12/26 |
| 2895M |
Palomar Health
403.02000: EMPLOYER INTERFERENCE; RESTRAINT, COERCION; SURVEILLANCE; Taking Photographs or Motion Pictures
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 took and saved 39 photographs of union representatives interacting with bargaining unit employees in front of the main entrance to a medical center. (pp. 42-47.) more or view all topics or full text. |
48 | 154 | 03/15/24 |
| 2556M |
County of San Bernardino
403.02000: EMPLOYER INTERFERENCE; RESTRAINT, COERCION; SURVEILLANCE; Taking Photographs or Motion Pictures
Photographing and recordkeeping are proscribed because of their tendency to intimidate. more or view all topics or full text. |
42 | 114 | 03/06/18 |
| 2556M |
County of San Bernardino
403.02000: EMPLOYER INTERFERENCE; RESTRAINT, COERCION; SURVEILLANCE; Taking Photographs or Motion Pictures
Because even creating the impression of surveillance is unlawful, harm to employee rights occurred if employees saw agent of the county taking or appearing to take a photograph. more or view all topics or full text. |
42 | 114 | 03/06/18 |