All notes for Subtopic 806.04000 – Free Speech

DecisionDescriptionPERC Vol.PERC IndexDate
1783M County of Inyo * * * OVERRULED IN PART by County of Tulare (2020) PERB Decision No. 2697-M
806.4000: UNION UNFAIR PRACTICES; DEFENSES; Free Speech
The Board reversed the dismissal and found the Employer had stated a prima facie case of violation of the MMBA by the United Domestic Workers and directed a complaint to issue. Where union’s negotiator tried to circumvent employer’s negotiator contrary to the ground rules and refused to negotiate. more or view all topics or full text.
30811/07/05
1355S California State Employees Association (Hutchinson)
806.4000: UNION UNFAIR PRACTICES; DEFENSES; Free Speech
Statements of intentions to pursue legal remedies is protected speech and do not constitute an illegal threat; p. 6, warning letter. more or view all topics or full text.
233017710/07/99

806.4000: UNION UNFAIR PRACTICES; DEFENSES; Free Speech
In tort action involving a strike prior to the July 1, 1976, effective date of EERA, the court held that union had no free speech right to advocate strike. There is no free speech right to advocate illegal act, i.e. strike by public employees. more or view all topics or full text.
1140E Los Rios College Federation of Teachers (Deglow)
806.4000: UNION UNFAIR PRACTICES; DEFENSES; Free Speech
Articles in the union newspaper about an employees' grievances and charges against the union do not evidence a threat of reprisal or promise of benefit, relate to matters of legitimate concern and are thus accorded generous protection under free speech protection; p. 2, warning letter. more or view all topics or full text.
202704702/27/96
0693H California Faculty Association (Hale, et al.)
806.4000: UNION UNFAIR PRACTICES; DEFENSES; Free Speech
Union statements protected by free speech provision of HEERA - 3571.3. Union Statements protected as long as not opprobrious, flagrant, insulting, defamatory, insubordinate, or fraught with malice to cause substantial disruption or material interference with school activitites. This is liberally construed in a grievance resolution setting. more or view all topics or full text.
121913607/26/88