Decision 0075E – San Francisco Unified School District

SF-CE-87

Decision Date: October 3, 1978

Decision Type: PERB Decision

Perc Vol: 2
Perc Index: 2203

Decision Headnotes

405.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; THREATS OR PROMISES
405.01000 – In General

Infringement of employees rights not redeemed because governing board did not adopt individual contracts, since threats also unlawful; pp. 12-13.

401.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS
401.01000 – In General; Prima Facie Case.

Though record establishes interference with employee rights, no evidence that the district's conduct affected unions's rights; p. 15.

400.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; EMPLOYER INTERFERENCE WITH, RESTRAINT, OR COERCION OF EMPLOYEES
400.01000 – In General; Standards

Totality of conduct, specifically, preparation of individual contracts for employees in proposed supervisory unit and selection of such employees for negotiating team, shows violation of sec. 3543.5(a); pp. 10-13. NLRA precedent instructs that an employer cannot offer contracts to employees for the purpose of infringing rights under the Act; p. 14.

1103.00000 – CASE PROCESSING PROCEDURES; COMPLAINT
1103.12000 – Concurrent or Derivative Violations

Although record establishes interference with employee rights, no evidence that district's conduct affected union rights; p. 15.