All notes for Subtopic 409.05000 – Union Consent or Waiver

DecisionDescriptionPERC Vol.PERC IndexDate
2602M City of Commerce
409.5000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; DEFENSES; Union Consent or Waiver
Union’s failure to cite legal authority against employer’s intended course of action does not absolve the employer of interfering with employee and union rights. more or view all topics or full text.
438912/11/18
2593H Regents of the University of California (Irvine)
409.5000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; DEFENSES; Union Consent or Waiver
Waiver of a statutory right is an affirmative defense, and may be established only by: (1) clear and unmistakable agreement; or (2) bargaining history showing that the issue was fully discussed and consciously explored, and that the waiving party intentionally yielded its interest in the matter. more or view all topics or full text.
436910/26/18
2593H Regents of the University of California (Irvine)
409.5000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; DEFENSES; Union Consent or Waiver
Contractual prohibition of “[s]uch internal union business as membership recruitment, campaigning for union office, handbilling or other distribution of literature, and all other union activities shall take place during non-work time” was not a clear and unmistakable waiver of employee rights to discuss union matters during work time. more or view all topics or full text.
436910/26/18
2536M City and County of San Francisco
409.5000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; DEFENSES; Union Consent or Waiver
Any waiver of a statutory right must be established either by: (1) a clear and unmistakable agreement, or (2) by bargaining history showing that the issue was fully discussed and consciously explored, and that the union intentionally yielded its interest in the matter. Because the agreement was not clear and unmistakable, and bargaining history did not show that the union intended to agree that the no-strike clause prohibited sympathy strikes, no waiver was found. more or view all topics or full text.
421406/30/17
2300H Regents of the University of California
409.5000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; DEFENSES; Union Consent or Waiver
Also within PERB’s expertise and jurisdiction is the ability to assess whether the employer’s defense of waiver through collective bargaining agreement language or bargaining conduct is valid. more or view all topics or full text.
12/20/12
2384H Trustees of the California State University
409.5000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; DEFENSES; Union Consent or Waiver
HEERA section 3580.5’s protections against conflicts of interest are non-waivable. A policy or rule that interferes with the very preconditions of employee choice is invalid, even if it was adopted through otherwise lawful meeting and conferring with the representative, or if the representative knowingly acquiesced to its restrictions on employee choice. more or view all topics or full text.
391606/30/14
1725E Hilmar Unified School District
409.5000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; DEFENSES; Union Consent or Waiver
Statutorily protected rights, such as the right to engage in non-disruptive informational picketing, can be divested by employees or their exclusive representative by a clear and unmistakable waiver. The Association waived its right to hold an informational meeting after a scheduled mediation session when the Association’s representative committed to the District not to hold the meeting at that time. The District therefore did not interfere with the Association’s rights by threatening to cancel a scheduled mediation session if the Association proceeded with its informational meeting in front of District offices. more or view all topics or full text.
293512/15/04
1508E San Marcos Unified School District
409.5000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; DEFENSES; Union Consent or Waiver
Contract provision prohibiting “picketing,” without differentiating between forms of picketing, is insufficient to constitute a clear and unmistakable waiver if the EERA-protected right to engage in non-disruptive informational picketing. Statutorily and constitutionally protected rights – such as the right to engage in non-disruptive informational picketing, can only be divested, by employees or their exclusive representatives, through a “clear and unmistakable waiver.” more or view all topics or full text.
272701/16/03
1278E Long Beach Community College District (California School Employees Association)
409.5000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; DEFENSES; Union Consent or Waiver
Exclusive representative's failure to request placement on official schedule for mandatory in-service training does not excuse employer's decision to place rival employee organization on official schedule, citing Regents of the University of California v. Public Employment Relations Bd. (1986) 177 Cal.App.3d 648, 655 [223 Cal.Rptr. 127]; p. 3, fn. 4. more or view all topics or full text.
222914708/14/98
0301E Fremont Union High School District
409.5000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; DEFENSES; Union Consent or Waiver
Failure to renew request for representation does not constitute a waiver when it would have been futile to renew the request; p. 10. more or view all topics or full text.
71413004/06/83