Decision 0127S – State of California (Department of Corrections) (California Correctional Officers Association)

S-CE-3-S

Decision Date: May 5, 1980

Decision Type: PERB Decision

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Perc Vol: 4
Perc Index: 11079

Decision Headnotes

501.00000 – EMPLOYER DISCRIMINATION; DISCRIMINATION
501.01000 – In General; Elements of Prima Facie Case

Board held that section 3519(l) and 3543.5(a) parallel sections 8(a)(1) and 8(a)(3) of NLRA and cases interpreting 8(a)(1) and 8(a)(3) may be used to interpret the Dills Act; p. 3, fn. 4.

101.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES
101.03000 – NLRA/LMRDA Precedent

Board held that section 3519(2) and 3543.5(a) parallel sections 8(a)(1) and 8(a)(3) of NLRA and cases interpreting 8(a)(1) and 8(a)(3) may be used to interpret the Dills Act; p. 3, fn. 4.

101.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES
101.01000 – In General

Board will look to cases interpreting EERA to interpret similar sections of the Dills Act; p. 3.

405.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; THREATS OR PROMISES
405.03000 – Promise of or Withholding of Benefits

Board declines to find an impermissible withdrawal of employee benefits where employer rescinded its policy of providing office space and inmate clerical assistance because whatever benefit accrued to employees was indirect; pp. 12-14.

401.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS
401.04000 – Access – Union Right

Applying Carlsbad #89, no interference, discrimination or denial of access found where employer withdrew previous grant of office space and the assistance of inmate clerks at a prevailing institutional wage. Union was still able to distribute literature through the department mail and use bulletin boards, as well as meet with employees concerning grievance; pp. 4-12.

202.00000 – PARTIES; DEFINITIONS; EMPLOYEE ORGANIZATIONS
202.06000 – Nonexclusive Representatives

Non-exclusive representative's right to meet and confer does not encompass right to negotiate the employer's withdrawal of free office space and inmate clerical staff; pp. 15-16.

401.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS
401.02000 – Discrimination Favoring Organization Over Another

Employer found to have treated all non-exclusive representatives the same when it discontinued policy of providing free on-site office space and inmate clerical staff; pp. 16-17.