All notes for Subtopic 408.05000 – Other Circumstances

DecisionDescriptionPERC Vol.PERC IndexDate
2598S * * * 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 Circumstances
An 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.
437811/26/18
2532C Sonoma County Superior Court
408.5000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS; Other Circumstances
Employees’ 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.
42606/27/17
2409C Sonoma County Superior Court
408.5000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS; Other Circumstances
The 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.
398801/13/15
2166M Housing Authority of the City of Los Angeles
408.5000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS; Other Circumstances
Charging party’s claim that his employer denied him access to union representation because the agency does not include temporary employees in the bargaining unit, does not state a prima facie case of interference. more or view all topics or full text.
354902/25/11
1245S State of California (Department of Corrections) (International Union of Operating Engineers)
408.5000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS; Other Circumstances
Employees have the right to union representation at disciplinary and investigatory interviews or in highly unusual circumstances. Right to representation does not exist for corrective discussions in which the only question asked by the supervisor was a rhetorical one; p. 2, warning letter. more or view all topics or full text.
222904601/28/98
0893H California State University, Long Beach (California State Employees Association)
408.5000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS; Other Circumstances
Given the intimidating atmosphere, as well as the employee's uncertainty about signing a document, it was not unreasonable for employee to believe that she needed the assistance of her union representation to provide advice and direction; p. 23, proposed dec. more or view all topics or full text.
152212307/23/91
0377E Placer Hills Union High School District
408.5000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS; Other Circumstances
Employee entitled to and was unlawfully denied counsel of his union representative when he was requested to supply immediate, written response to derogatory material placed in his personnel file; p. 40. more or view all topics or full text.
81503702/14/84
0293E Redwoods Community College District
408.5000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS; Other Circumstances
Barring a union representative from a meeting at which an evaluation is being appealed is a denial of rights granted in section 3543.1(a); p. 7. more or view all topics or full text.
71409803/15/83
0202E Chaffey Joint Union High School District (Fleck)
408.5000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS; Other Circumstances
Individual grievant does not have an indefeasible right under EERA section 3543 (second par.) to be represented during a negotiated grievance proceeding by a representative of the employee's choice. The right to file grievances and have them adjusted without intervention of the exclusive representative is not absolute. A contract provision limiting a grievant's choice of representative to one selected by the exclusive representative was not inconsistent with section 3543. more or view all topics or full text.
61307703/26/82