All notes for Subtopic 408.05000 – Other Circumstances
|Decision||Description||PERC Vol.||PERC Index||Date|
* * * JUDICIAL APPEAL PENDING * * * State of California (Department of Corrections and Rehabilitation)|
408.5000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS; Other CircumstancesAn invasive search of an employee’s person, including an unclothed body search, is the type of investigatory meeting which gives rise to the right of union representation. The right to union representation attaches whenever an employer demands that an employee submit to an invasive body search, or subjects an employee to such a search. (p. 14.) An invasive body search is fundamentally confrontational. (p. 12.) As in a drug testing situation, an invasive body search is such an unusual and stressful situation that an employee is likely to volunteer information in an effort at self-defense, and therefore has a right to union representation even if the employer does not intend to ask questions. The right to union representation therefore attaches before an employee is invasively searched, just as it attaches before an employee takes a drug or alcohol test. (p. 11.) more or view all topics or full text.
Sonoma County Superior Court|
408.5000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS; Other CircumstancesEmployees’ right of representation includes the right to have a union representative attend interactive process meetings convened to explore possible reasonable accommodations for an employee’s disability. more or view all topics or full text.
Sonoma County Superior Court|
408.5000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS; Other CircumstancesThe right to representation in all matters of employer-employee relations includes the right to have a union representative present at an interactive process meeting upon the employee’s request. 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. The FEHA regulations governing reasonable accommodation and the interactive process provide numerous protections for the employee. The interactive process therefore presents opportunities for a representative to assist the employee in the process of obtaining an accommodation. The representative can also serve an important function in explaining to the employee the employer’s rights and the possible consequences of refusing offered accommodations. The union’s right to represent in the interactive process attaches only if the employee requests union representation. more or view all topics or full text.
Housing Authority of the City of Los Angeles||35||49||02/25/11|
State of California (Department of Corrections) (International Union of Operating Engineers)||22||29046||01/28/98|
California State University, Long Beach (California State Employees Association)||15||22123||07/23/91|
Placer Hills Union High School District||8||15037||02/14/84|
Redwoods Community College District||7||14098||03/15/83|
Chaffey Joint Union High School District (Fleck)||6||13077||03/26/82|