All notes for Subtopic 403.04000 – Statements to Employees, Creating Impression of Surveillance

DecisionDescriptionPERC Vol.PERC IndexDate
2895M * * * JUDICIAL APPEAL PENDING * * * Palomar Health
403.04000: EMPLOYER INTERFERENCE; RESTRAINT, COERCION; SURVEILLANCE; Statements to Employees, Creating Impression of 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, created the impression that it was transmitting, and possibly recording, audio during a meeting of union representatives and bargaining unit members in the medical center’s cafeteria. (pp. 42-48.) more or view all topics or full text.
4815403/15/24
2867M * * * JUDICIAL APPEAL PENDING * * * City and County of San Francisco
403.04000: EMPLOYER INTERFERENCE; RESTRAINT, COERCION; SURVEILLANCE; Statements to Employees, Creating Impression of 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
403.04000: EMPLOYER INTERFERENCE; RESTRAINT, COERCION; SURVEILLANCE; Statements to Employees, Creating Impression of Surveillance
Creating the impression of surveillance is unlawful. more or view all topics or full text.
4211403/06/18