All notes for Subtopic 411.01000 – In General
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 2868M | * * * JUDICIAL APPEAL PENDING * * * El Camino Healthcare District, El Camino Hospital, and Silicon Valley Medical Development, LLC 411.01000: EMPLOYER MASS COMMUNICATIONS UNDER SECTION 3553; In General The Prohibition on Public Employers Deterring or Discouraging Union Membership (PEDD) applies to employers subject to any of California’s public sector labor relations statutes, including the MMBA. (PEDD, § 3552(c).) (pp. 4, fn. 5.) The PEDD governs an employer’s obligations before disseminating a mass communication concerning exclusively represented employees’ right to join or support an employee organization or to refrain from doing so. (PEDD, § 3553(b).) Specifically, before doing so the employer must meet and confer with the exclusive representative on the content of the communication. (Ibid.) If the parties do not reach agreement and the employer still chooses to disseminate the communication, then the exclusive representative has the right to draft its own communication and have the employer disseminate the two communications together. (Id., § 3553(c).) PERB broadly construes the word “support,” as used in section 3553(b), to refer to any form of support, whether financial or non-financial. (Regents of the University of California (2022) PERB Decision No. 2835-H, pp. 14-15 & p. 17, fn. 10.) (pp. 58-59.) more or view all topics or full text. | 48 | 36 | 08/15/23 |
| 2835H | Regents of the University of California 411.01000: EMPLOYER MASS COMMUNICATIONS UNDER SECTION 3553; In General The University failed to prove that Teamsters waived its right to meet and confer over the FAQs. Teamsters did not receive a copy of the FAQs before the University sent them to certain bargaining unit employees. Without advance notice of the entirety of the University’s intended communication to unit employees, Teamsters could not have intentionally relinquished its right to meet and confer over the FAQs. (p. 18.) more or view all topics or full text. | 47 | 69 | 10/07/22 |
| 2835H | Regents of the University of California 411.01000: EMPLOYER MASS COMMUNICATIONS UNDER SECTION 3553; In General While section 3550 prohibits certain conduct and communications, section 3553 can apply to communications not prohibited by section 3550, requiring the employer to bargain before issuing them. (p. 16, fn. 9.) more or view all topics or full text. | 47 | 69 | 10/07/22 |
| 2835H | Regents of the University of California 411.01000: EMPLOYER MASS COMMUNICATIONS UNDER SECTION 3553; In General Any mass communication addressing the general subject matter of union membership or dues is a communication “concerning public employees’ rights to join or support an employee organization, or to refrain from joining or supporting an employee organization” under section 3553, subdivision (b), regardless of whether the communication expresses any particular viewpoint on those subjects, or no viewpoint at all. A content neutral mass communication would not provide a defense to a section 3553 violation. (pp. 16-17.) more or view all topics or full text. | 47 | 69 | 10/07/22 |
| 2835H | Regents of the University of California 411.01000: EMPLOYER MASS COMMUNICATIONS UNDER SECTION 3553; In General To state a prima facie case of a PEDD section 3553, subdivision (b) violation, an exclusive representative must show: (1) the employer’s communication is a “mass communication” that was delivered to multiple recipients; (2) the mass communication is one “concerning public employees’ rights to join or support an employee organization, or to refrain from joining or supporting an employee organization”; and (3) the employer did not meet and confer with the exclusive representative about the content of the mass communication before distributing it to employees. (pp. 12-17.) more or view all topics or full text. | 47 | 69 | 10/07/22 |