All notes for Subtopic 700.04000 – Management Aid or Instigation in Forming Unions Committees, Etc.; Statements in General; Free Speech
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| I063E | Clovis Unified School District 700.04000: EMPLOYER DOMINATION OR ASSISTANCE; DOMINATION OF OR ASSISTANCE TO LABOR ORGANIZATIONS; Management Aid or Instigation in Forming Unions Committees, Etc.; Statements in General; Free Speech The most common type of unlawful support case involves an employer that provides support to one of two competing nonexclusive representatives. The Board usually resolves such cases by deciding whether the employer failed to remain strictly neutral between the two competing organizations. The school district must treat both nonexclusive representatives equally with respect to financial or other support. (p. 22.) Here, the school district provided a high level of support to the existing nonexclusive representative because it is 100 percent employer-funded. Also, the school district dominated and interfered with the existing nonexclusive representative’s internal affairs and expressed a preference for the existing nonexclusive representative over the rival nonexclusive representative, while failing to offer the rival organization the same support. This was sufficient to establish reasonable cause to believe the school district violated—and continued to violate—EERA section 3543.5, subdivision (d)’s prohibition on contributing financial or other support to an employee organization. (pp. 25-26.) more or view all topics or full text. | 46 | 93 | 12/16/21 |
| I063E | Clovis Unified School District 700.04000: EMPLOYER DOMINATION OR ASSISTANCE; DOMINATION OF OR ASSISTANCE TO LABOR ORGANIZATIONS; Management Aid or Instigation in Forming Unions Committees, Etc.; Statements in General; Free Speech EERA section 3543.5, subdivision (d) prohibits contributing “financial or other support” to an employee organization. In determining if an employer has violated this prohibition, PERB examines the totality of the employer’s conduct to determine whether its support would tend to inhibit employees in their free choice regarding a bargaining representative or interfere with the representative’s maintenance of an arm’s length relationship with the employer. This is an objective test; it is not necessary to look into the employer’s intent or the employees’ subjective reaction to the employer’s assistance to the employee organization. (pp. 21-22.) more or view all topics or full text. | 46 | 93 | 12/16/21 |
| I063E | Clovis Unified School District 700.04000: EMPLOYER DOMINATION OR ASSISTANCE; DOMINATION OF OR ASSISTANCE TO LABOR ORGANIZATIONS; Management Aid or Instigation in Forming Unions Committees, Etc.; Statements in General; Free Speech The school district’s de facto recognition of the existing nonexclusive representative continued after a rival nonexclusive representative gave notice of its organizing campaign, including by: (1) hosting the existing nonexclusive representative’s webpage on the school district’s website; (2) directing its Technology Department to assist the preferred nonexclusive representative in two elections; (3) offering to have its legal counsel review the preferred nonexclusive representative’s bylaws; (4) allowing the existing nonexclusive representative to use the school district’s survey to poll teachers about their views on the existing nonexclusive representative; and (5) setting up an e-mail list for the existing nonexclusive representative’s president to communicate with teachers via the school district’s e-mail system. The totality of the circumstances established reasonable cause to believe that the school district had—and continued to have—pervasive involvement in the affairs of the existing nonexclusive representative in violation of EERA section 3543.5, subdivision (d). (p. 21.) more or view all topics or full text. | 46 | 93 | 12/16/21 |
| I063E | Clovis Unified School District 700.04000: EMPLOYER DOMINATION OR ASSISTANCE; DOMINATION OF OR ASSISTANCE TO LABOR ORGANIZATIONS; Management Aid or Instigation in Forming Unions Committees, Etc.; Statements in General; Free Speech A prima facie case of unlawful domination or assistance was found where (1) the school district’s official policy held the nonexclusive representative out as the representative for teachers, thereby giving it the school district’s imprimatur, (2) the school district’s official disciplinary policy provided that a teacher may have the nonexclusive representative’s representative present at disciplinary meetings, (3) the school district’s organizational chart shows that the nonexclusive representative’s president reports to the school district Superintendent, (4) the school district and the nonexclusive representative jointly develop a yearly survey, which is administered by the nonexclusive representative’s representatives at each school site, (5) the nonexclusive representative’s representatives needed the school district’s permission to revise its bylaws, and before meeting with teachers in large groups at school sites, and (6) the nonexclusive representative sat on several committees with other employee organizations and administrators that provided recommendations to the school district’s board on employment matters. more or view all topics or full text. | 46 | 93 | 12/16/21 |
| 2747M | City of San Diego 700.04000: EMPLOYER DOMINATION OR ASSISTANCE; DOMINATION OF OR ASSISTANCE TO LABOR ORGANIZATIONS; Management Aid or Instigation in Forming Unions Committees, Etc.; Statements in General; Free Speech MMBA section 3506.5, subdivision (d) proscribes public agencies from “interfer[ing] with the . . . administration of any employee organization.” While much PERB precedent addresses an employer’s duty to remain strictly neutral when two different employee organizations are in competition with each other, an employer also may violate this clause by interfering in an employee organization’s internal affairs, even in the absence of competing unions. (City of Arcadia (2019) PERB Decision No. 2648-M, pp. 22-34 (Arcadia).) To demonstrate such interference, a charging party must establish facts showing that the employer’s conduct tends to interfere with the internal activities of an employee organization. (Arcadia, supra, PERB Decision No. 2648-M, p. 24.) An employer may not take a position on internal union affairs or put its thumb on the scale in favor of or against a particular union leader. (Id. at pp. 25-30.) more or view all topics or full text. | 45 | 45 | 10/06/20 |
| 1669M | Golden Gate Bridge Highway and Transportation District 700.04000: EMPLOYER DOMINATION OR ASSISTANCE; DOMINATION OF OR ASSISTANCE TO LABOR ORGANIZATIONS; Management Aid or Instigation in Forming Unions Committees, Etc.; Statements in General; Free Speech District’s letter to employees informing them of deficiencies in decertification petition and provision to employees of applicable rules and regulations governing decertification petitions do not constitute unlawful assistance. more or view all topics or full text. | 28 | 213 | 07/28/04 |
| 1506E | Santa Clarita Community College District (College of the Canyons) 700.04000: EMPLOYER DOMINATION OR ASSISTANCE; DOMINATION OF OR ASSISTANCE TO LABOR ORGANIZATIONS; Management Aid or Instigation in Forming Unions Committees, Etc.; Statements in General; Free Speech Employer violates (d) by accreting unrepresented employees into an existing bargaining unit while a different union was organizing the unrepresented employees. more or view all topics or full text. | 27 | 35 | 01/08/03 |
| 1543E | Victor Valley Community College District 700.04000: EMPLOYER DOMINATION OR ASSISTANCE; DOMINATION OF OR ASSISTANCE TO LABOR ORGANIZATIONS; Management Aid or Instigation in Forming Unions Committees, Etc.; Statements in General; Free Speech Board found that community college district unlawfully demonstrated preference to the union representing 140 full-time faculty by allowing it to accrete 350 part-time faculty members into the unit, while the district was aware that a rival union had already begun organizing the part-time faculty. more or view all topics or full text. | 27 | 111 | 07/23/03 |
| 1270E | San Bernardino City Unified School District * * * OVERRULED IN PART by Contra Costa Community College District (2019) PERB Decision No. 2652 700.04000: EMPLOYER DOMINATION OR ASSISTANCE; DOMINATION OF OR ASSISTANCE TO LABOR ORGANIZATIONS; Management Aid or Instigation in Forming Unions Committees, Etc.; Statements in General; Free Speech * * * OVERRULED IN PART ON OTHER GROUNDS by Contra Costa Community College District (2019) PERB Decision No. 2652. * * *Employer statement of support for a decertifying union not a violation if only made to nonemployee business agent for incumbent union. more or view all topics or full text. | 22 | 29113 | 06/22/98 |
| 0582E | Oak Grove School District 700.04000: EMPLOYER DOMINATION OR ASSISTANCE; DOMINATION OF OR ASSISTANCE TO LABOR ORGANIZATIONS; Management Aid or Instigation in Forming Unions Committees, Etc.; Statements in General; Free Speech Unlawful employer involvement in employee organization found where "round table" forum established for improvement of communication and problem solving; adoption of NLRB standard. more or view all topics or full text. | 10 | 17134 | 06/30/86 |
| 0389E | Clovis Unified School District 700.04000: EMPLOYER DOMINATION OR ASSISTANCE; DOMINATION OF OR ASSISTANCE TO LABOR ORGANIZATIONS; Management Aid or Instigation in Forming Unions Committees, Etc.; Statements in General; Free Speech Statements expressing favoritism at mandatory meeting 10 days before election and preparation and mailing of flyer to teachers containing letter from superintendent and from Faculty Senate in which Senate claims responsibility for certain benefits, especially when made so close to election, violated strict neutrality and exceeded employer's free speech right; p. 10. more or view all topics or full text. | 8 | 15119 | 07/02/84 |
| 0317E | San Francisco Unified School District 700.04000: EMPLOYER DOMINATION OR ASSISTANCE; DOMINATION OF OR ASSISTANCE TO LABOR ORGANIZATIONS; Management Aid or Instigation in Forming Unions Committees, Etc.; Statements in General; Free Speech Employer's speech may not contain threats or coercion but may be impliedly intimidating or coercive, but here, total course of conduct does not give inference of coercion; p. 5. more or view all topics or full text. | 7 | 14172 | 06/08/83 |
| 0256E | Chula Vista City School District 700.04000: EMPLOYER DOMINATION OR ASSISTANCE; DOMINATION OF OR ASSISTANCE TO LABOR ORGANIZATIONS; Management Aid or Instigation in Forming Unions Committees, Etc.; Statements in General; Free Speech Employer representative's advice to employee on grievance where it is non-coercive, does not constitute discrimination or interference. Employer representative's non-coercive advice to employee on how to file a grievance does not constitute an interference with the administration of an employee organization. more or view all topics or full text. | 6 | 13254 | 11/08/82 |
| 0214E | Sacramento City Unified School District 700.04000: EMPLOYER DOMINATION OR ASSISTANCE; DOMINATION OF OR ASSISTANCE TO LABOR ORGANIZATIONS; Management Aid or Instigation in Forming Unions Committees, Etc.; Statements in General; Free Speech Section 3543.5(d) violation found where: District suggested to employees that they form a "Supervisory Council" when it was aware of representation effort by another union on behalf of supervisory employees; District met on regular basis with the Council, during working hours, on District facilities; the Council in effect negotiated with the District over matters within scope of representation; other union was excluded from the negotiation process; during election campaign, superintendent announced if the other union won, "discussions" (negotiations over items discussed with Council) would have to start all over again. Fact that Council was not a petitioner in the election does not affect finding of violation; pp. 4-5. more or view all topics or full text. | 6 | 13118 | 04/30/82 |