All notes for Subtopic 404.03000 – Literature and Posting of Notices; Pictures; Anti-Union Petitions

DecisionDescriptionPERC Vol.PERC IndexDate
1841M City of Fresno
404.03000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; STATEMENTS, MEETINGS, NOTICES, AND LEAFLETS; Literature and Posting of Notices; Pictures; Anti-Union Petitions
No interference where union fails to show coercion or interference. City letter to employees does not indicate that layoffs will occur unless union signs contract with no salary increases. more or view all topics or full text.
3012605/18/06
1278E Long Beach Community College District (California School Employees Association)
404.03000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; STATEMENTS, MEETINGS, NOTICES, AND LEAFLETS; Literature and Posting of Notices; Pictures; Anti-Union Petitions
Where employer included rival employee organization's severance presentation on the official schedule for a week of mandatory peace officer training on the day before window period began, the Board found that the employer's actions gave the impression that the severance presentation was part of the mandatory training, or at the very least, that the employer supported the severance presentation, in violation of employer's duty of strict neutrality; p. 9. Employer statement that decertification presentation was voluntary was insufficient to undo the effects of the employer's decision to place the decertification presentation on the schedule for mandatory in- service training. Employer made statement just before the start of the decertification presentation but made no effort to retract the offending training schedule and took no other action to assuage the appearance that it supported the decertification effort; pp. 10-11. offending training schedule and took no other action to assuage the appearance that it supported the decertification effort; pp. 10-11. more or view all topics or full text.
222914708/14/98
1176S State of California (Department of Transportation) (International Union of Operating Engineers)
404.03000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; STATEMENTS, MEETINGS, NOTICES, AND LEAFLETS; Literature and Posting of Notices; Pictures; Anti-Union Petitions
Employer memos conveying information to employees concerning the right to resign from union membership simply communicate that the right exists and do not advocate a course of action are permitted under employer free speech and are not interference; p. 3, warning letter. The employer memos do not establish that the State solicited employees to withdraw from membership, only that the State informed employees of their right to do so; p. 3, warning letter. more or view all topics or full text.
212801611/18/96
0687E Cottonwood Union High School District
404.03000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; STATEMENTS, MEETINGS, NOTICES, AND LEAFLETS; Literature and Posting of Notices; Pictures; Anti-Union Petitions
Posting of articles against unions and requesting the evaluation of union activists insufficient to give rise to an EERA violation. more or view all topics or full text.
121911506/27/88
0326E Oakland Unified School District * * * OVERRULED IN PART by The Accelerated Schools (2023) PERB Decision No. 2855 * * *
404.03000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; STATEMENTS, MEETINGS, NOTICES, AND LEAFLETS; Literature and Posting of Notices; Pictures; Anti-Union Petitions
* * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * * Employer's posting of union proposal evidence of bad faith in context of negotiations. more or view all topics or full text.
71419507/11/83
0304S State of California (Department of Transportation)
404.03000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; STATEMENTS, MEETINGS, NOTICES, AND LEAFLETS; Literature and Posting of Notices; Pictures; Anti-Union Petitions
Under Carlsbad USD (1979) PERB Decision No. 89, the removal of a flyer from the state owned building two weeks after it was posted, denied the employee organization an opportunity to maintain its communication with the unit members via the bulletin board, and therefore involves slight harm to the right of the employee organization; p. 20. more or view all topics or full text.
71413404/26/83
0977E Sierra Sands Unified School District
404.03000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; STATEMENTS, MEETINGS, NOTICES, AND LEAFLETS; Literature and Posting of Notices; Pictures; Anti-Union Petitions
The district allowed distribution of non-school materials in teacher mailboxes. Once the district opened the forum for non-school related leaflets, it could not then ban employees from using the mailboxes to engage in protected conduct; pp. 11-12, proposed dec. more or view all topics or full text.
172405102/23/93