All notes for Subtopic 408.02000 – Grievances/Grievance Procedure

DecisionDescriptionPERC Vol.PERC IndexDate
2458E Jurupa Unified School District
408.2000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS; Grievances/Grievance Procedure
The District interfered with charging party’s protected rights by issuing a written communication to employees, including charging party, that criticized employees for filing a group grievance with the District’s governing board a few days earlier. more or view all topics or full text.
407510/23/15
2409C Sonoma County Superior Court
408.2000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS; Grievances/Grievance Procedure
EERA includes the right of employee organizations to represent their members in a formal grievance proceeding. There is a right to represent and be represented at grievance-type meetings, regardless of whether the circumstances are “highly unusual,” because of the rights guaranteed by EERA sections 3540, 3543(a) and 3543.1(a). EERA and other statutes PERB administers have as their purpose the improvement of employer-employee relations and communication between employees and public agency management through representation by employee organizations on all matters of employee-employer relations. Such purpose cannot be achieved unless employees have a right to summon their employee organization representatives to represent them in meetings convened to discuss enforcement of the CBA. more or view all topics or full text.
398801/13/15
2384H Trustees of the California State University
408.2000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS; Grievances/Grievance Procedure
HEERA section 3580.5 protects the rights of nonsupervisory employees to collective-bargaining representatives who are single-minded in their loyalty to the employees’ interests, by ensuring that the employer cannot “sit on both sides of the table” in collective bargaining or grievance proceedings. While employees may choose to form, join or participate in the activities of employee organization, or refrain from doing so, their freedom to select a representative does not extend to organizations or individuals who act on behalf of the employer. An employer may violate HEERA Section 3580.5 when it permits an individual to “sit on both sides of the table” as both a representative of employees and as an agent of the employer with influence over personnel policies or practices. Allegations that a higher education employer has violated HEERA Section 3580.5 by allowing a supervisor to represent a nonsupervisory employee in collective bargaining or grievance proceedings may be brought as “interference” allegations under HEERA section 3571 (a). more or view all topics or full text.
391606/30/14
2285S State of California (Department of Corrections and Rehabilitation)
408.2000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS; Grievances/Grievance Procedure
Both statement to union steward conducting union investigation into alleged misconduct by a supervisor for a potential grievance that she could find herself under investigation for impeding employer’s investigation and issuance of cease and desist order constituted at least “slight harm” to employee organizational rights. In balancing competing interests, interference with employee organizational rights outweighs business justification proffered by employer for its conduct. more or view all topics or full text.
09/17/12
2267M County of Santa Clara * * * OVERRULED IN PART by Los Angeles Unified School District (2016) PERB Decision No. 2479
408.2000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS; Grievances/Grievance Procedure
Employer’s counseling memo instructing employee to follow the chain of command and not to speak to other employees about his “issues and concerns” did not constitute unlawful interference or threat when considered in context. Evidence failed to demonstrate it was reasonably likely statements had a coercive tendency as to protected activity. more or view all topics or full text.
05/25/12
2167M Antelope Valley Hospital District
408.2000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS; Grievances/Grievance Procedure
Nothing contained in the MMBA requires that public employers provide grievants with a mediator or utilize a mediator as part of a grievance procedure. While MMBA may provide individual employees the right to file grievances on their own behalf, nothing contained in the MMBA requires that an employer process an employee’s grievance. more or view all topics or full text.
354702/25/11
2010M Omnitrans
408.2000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS; Grievances/Grievance Procedure
Under the MMBA, an exclusive representative has a basic statutory right to file grievances in its own name. Employer’s refusal to process grievance filed by union in its own name violated MMBA section 3503 and also unlawfully interfered with the rights of employees in violation of MMBA section 3506. more or view all topics or full text.
335403/10/09
1864S State of California (State Personnel Board)
408.2000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS; Grievances/Grievance Procedure
No interference where the Dills Act does not provide the claimed right. Specifically, the State Supreme Court found it unconstitutional for parties to negotiate a process whereby ad hoc arbitral boards review discipline, even if the decision, couched as a “settlement,” is submitted to the SPB after the fact. more or view all topics or full text.
311111/14/06
1650E Empire Union School District
408.2000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS; Grievances/Grievance Procedure
Employer’s reprimand of employee for taking workplace issues directly to her union unlawfully interfered with employee’s right to file grievances. more or view all topics or full text.
2818806/29/04
1274E Los Rios Community College District (Deglow)
408.2000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS; Grievances/Grievance Procedure
In order to establish a prima facie case of unlawful interference, the charging party must establish that the respondent's conduct tends to or does result in some harm to employee rights granted under EERA. The statutory right of self-representation falls short of the right to resort to the arbitration process. Under the statute and Board precedent, this contractual limitation does not violate charging party's section 3543 rights, and this allegation must be dismissed. more or view all topics or full text.
222912407/20/98
0781H University of California, San Diego
408.2000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS; Grievances/Grievance Procedure
Pursuant to HEERA section 3567, employer did not interfere with employee's right to file grievances when, without consent of employee, it settled the grievance, which had been appealed to arbitration, with the employee organization. more or view all topics or full text.
142102112/15/89
0623E Los Angeles Community College District
408.2000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS; Grievances/Grievance Procedure
Discussing grievance directly with employee not unlawful where employee did not object and contract did not require presence of representative. more or view all topics or full text.
111810906/17/87
0518E Modesto City Schools and High School District
408.2000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS; Grievances/Grievance Procedure
District found to have impermissably interfered with grievance procedure by failing to provide information requested by union; arguments that union already possessed information and that production burdensome were rejected. more or view all topics or full text.
91619808/26/85
0505E Santa Paula School District
408.2000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS; Grievances/Grievance Procedure
No unlawful conduct in grievance processing where voluntary informal conference not held allegedly because District refused to allow personal representative to attend. District found not to have improperly denied grievance on untimeliness basis. more or view all topics or full text.
91612805/07/85
0312E Eastern Sierra Unified School District
408.2000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS; Grievances/Grievance Procedure
Because District treated charging party's complaint as a grievance under the contract, District was estopped at the grievance hearing from denying his right to representation expressly provided in the contract; p. 4. more or view all topics or full text.
71416005/24/83
0305H Regents of the University of California (Berkeley)
408.2000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS; Grievances/Grievance Procedure
No interference with right to union representation where during informal contact between employer and grievant, employer mentions grievance or offers to meet with grievant with or without union representation; p. 8. Phone call to employee from personnel officer did not unlawfully interfere with employee's right to representation regarding grievance where any harm was slight and was outweighed by employer's legitimate justification for the telephone call; p. 9. more or view all topics or full text.
71413904/28/83
0308H Regents of the University of California (Berkeley)
408.2000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS; Grievances/Grievance Procedure
No evidence that University's rule limiting employees to one representative in grievance and administrative review proceedings effectively prevented employee from participating in the grievance process; p. 10. more or view all topics or full text.
71415005/16/83
0301E Fremont Union High School District
408.2000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS; Grievances/Grievance Procedure
As meeting at issue was prefactory to formal stages of the contractual grievance procedure, Association had a right to represent its member and member had a right to be represented by Association; p. 6. more or view all topics or full text.
71413004/06/83
0272E Rio Hondo Community College District
408.2000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS; Grievances/Grievance Procedure
District's refusal to participate in informal discussion under grievance procedure unless employees agreed to participate without representation of their employee organization constituted a denial of employee rights under section 3543 and Association rights under section 3543.1(a); p. 11. more or view all topics or full text.
71402812/28/82
0192E Victor Valley Joint Union High School District
408.2000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS; Grievances/Grievance Procedure
Even in the absence of a contractual grievance procedure, an employer interferes with the rights of the exclusive representative's rights to represent its members by refusing to discuss a union's "grievance" (complaint) over the computation of a retroactive wage increase. more or view all topics or full text.
61302712/31/81
0092E Baldwin Park Unified School District (Neilman)
408.2000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS; Grievances/Grievance Procedure
Facts stated did not support an inference that the District's determination that Charging Party's grievance had no merit repudiated the grievance article of the contract or that the District discriminated against Charging Party for the exercise of protected rights; pp. 4-5. more or view all topics or full text.
31005404/04/79
0073E Santa Ana Unified School District (Lubnau)
408.2000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS; Grievances/Grievance Procedure
Employee orgs. other than exclusive rep. may not file or present grievances; p. 6, proposed dec.; no violation where employer refused to allow agent of non-exclusive rep. to represent grievant; pp. 6-7, proposed dec.. more or view all topics or full text.
2220109/25/78
0068E Mt. Diablo Unified School District (Quarrick and O'Brien)
408.2000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS; Grievances/Grievance Procedure
Once exclusive rep. certified or recognized, nonexclusive rep. has no right to represent its members in grievances or arbitration; p. 9. more or view all topics or full text.
2217408/21/78