All notes for Subtopic 409.03000 – Discontinuance of Illegal Activity; Retraction; Repudiation; Public Disavowal
|Decision||Description||PERC Vol.||PERC Index||Date|
County of San Bernardino|
409.3000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; DEFENSES; Discontinuance of Illegal Activity; Retraction; Repudiation; Public DisavowalUnder the Board’s retraction doctrine, an effective retraction must be: (1) timely; (2) unambiguous; (3) specific in nature to the coercive conduct; (4) free from other illegal conduct; (5) adequately publicized to the affected employees; (6) not followed by other illegal conduct; and (7) accompanied by assurances that the employer will not interfere with their protected rights in the future. more or view all topics or full text.
Trustees of the California State University|
409.3000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; DEFENSES; Discontinuance of Illegal Activity; Retraction; Repudiation; Public DisavowalAllegation that employer’s agent told probationary employee she “should not talk to anyone about the investigation” of a fellow employee’s complaint of abusive treatment against supervisor stated prima facie case of interference with protected rights, since, on its face and without further explanation, a directive not to talk to “anyone” could reasonably be construed to prohibit contacting union representatives, or enlisting the support of other employees for the complaint. (p. 22.) To the extent that an employer’s directive or policy of maintaining “confidentiality” of investigations into employee grievances “muzzles” employees who seek to engage in concerted activity for mutual aid or protection by denying them the very information needed to discuss their wages, hours or working conditions, it necessarily harms employee rights. (p. 21.) Once it is established that the employer’s prohibition on discussing wages, hours or working conditions adversely affects protected rights, the burden falls on the employer to demonstrate “legitimate and substantial business justifications” for its conduct. (21-22.) To overcome a presumption of invalidity stemming from a vague or overinclusive rule, the employer must make it clear to employees that the thrust of an inexplicitly-worded confidentiality rule is not to prohibit discussion of their terms and conditions of employment. (Ibid.) more or view all topics or full text.
Regents of the University of California|
409.3000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; DEFENSES; Discontinuance of Illegal Activity; Retraction; Repudiation; Public DisavowalAn honest retraction of a coercive statement can erase the effects of that illegal statement or threat. PERB has refused to credit a retraction where it was incomplete and did not reach all of the employees who were subjected to the original coercive statements. We do not believe the university’s retraction to a union organizer renders its violations de minimis because it was an incomplete retraction. It was not communicated to the employees affected by the wrongful conduct. Nor can it be said that the original interference was unintentional or inadvertent, coming as it did in the context of other actions that deprived the union and employees of their right of access. Seen in the context of the university’s overly restrictive interpretation of the collective bargaining agreement’s access provisions, its assertion that it alone has the right to grant or deny access, and its aggressive attitude toward both organizers as they sought to increase their presence in the workplace as the labor dispute grew increasingly heated, we do not view the retraction given to one union organizer alone erases the coercive effect the organizer’s original ejection from the workplace had on employees’ protected rights. more or view all topics or full text.
State of California (State Personnel Board)||31||11||11/14/06|
Santee Elementary School District||30||72||02/22/06|
Long Beach Community College District (California School Employees Association)||22||29147||08/14/98|
Carlsbad Unified School District||14||21004||11/21/89|
Inglewood Unified School District||11||18114||06/23/87|
Petaluma City Elementary School District/Joint Union High School District||41||23||06/30/16|
Sacramento City Unified School District||9||16094||03/06/85|
Regents of the University of California (California State Employees Association)||7||14156||05/19/83|