All notes for Subtopic 407.01000 – In General

DecisionDescriptionPERC Vol.PERC IndexDate
2771M City of Long Beach
407.01000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH DECERTIFICATION OR RIVAL UNION PETITION; In General
City violated the MMBA by interfering with protected rights when it shared a competing union’s unredacted proof of support documents with incumbent union. Employees covered by the MMBA have comparable rights to those covered by EERA, which explicitly provides for proof of support confidentiality. There is no adequate basis for distinguishing the need for confidentiality under the two statutes, and disclosing proof of support documents has the same tendency to harm protected rights under the MMBA as it does under EERA and the other statutes PERB enforces. more or view all topics or full text.
46106/09/21
1912H Regents of the University of California
407.01000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH DECERTIFICATION OR RIVAL UNION PETITION; In General
There were no facts establishing that any misconduct occurred immediately preceding and during the pendency of a union petition for recognition. The fact that another union may have been prevented from petitioning for certification a few days after another union’s certification did not demonstrate a violation of section 3565. more or view all topics or full text.
3111706/26/07
1840M County of Santa Cruz
407.01000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH DECERTIFICATION OR RIVAL UNION PETITION; In General
Two week delay in implementing dues deduction does not appear unreasonable and does not violate MMBA. Nothing indicates an attempt to interfere with union politics or sway favor away from exclusive representative. more or view all topics or full text.
3012205/17/06
1506E Santa Clarita Community College District (College of the Canyons)
407.01000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH DECERTIFICATION OR RIVAL UNION PETITION; In General
PERB Reg. 32781 does not allow an employer to enter into an agreement with an employee organization to accrete into an existing unit unrepresented employees where those employees are the subject of a current organizing drive by a rival employee organization. District’s agreement constituted unlawful interference in violation of EERA. more or view all topics or full text.
273501/08/03
0533E Office of Kern County Superintendent of Schools
407.01000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH DECERTIFICATION OR RIVAL UNION PETITION; In General
Where employer impermissibly interfered with decertification process by illegal speeches, election results are properly vacated and new election ordered. more or view all topics or full text.
91623706/09/85