Decision 0211H – California State University, Sacramento

Under HEERA a change in policy regarding campus access for non-exclusive representatives requires prior notice to affected employee organizations and reasonable opportunity to discuss the projected change; p. 32. Reversed in 168 Cal.App.3d 937.

Under HEERA a change in policy regarding campus access for non-exclusive representatives requires prior notice to affected employee organizations and reasonable opportunity to discuss the projected change; p. 32. Reversed in 168 Cal.App.3d 937. Overall statutory scheme of HEERA preserves representation rights for employees and non-exclusive employee organizations until such time as an exclusive representative is selected. The basic rationale of SEERA, as expressed in Professional Engineers in California Government (1980) PERB Decision No. 118-S, applies to HEERA: the statute generally expands the rights of employees; pp. 28-31.

Employee's misconduct, including repeated incidents of intoxication, were sufficient to support termination, absent a sufficient showing that termination was based on employee's protected activity; pp. 18-20

Where employee and employee representative gave no advance notice of their visit, common standards of reasonableness dictate that employer is not required to instantly accommodate a request for copies of documents in employee's personnel file; p. 23. The standard for deciding alleged violations of HEERA subsection 3571(a) is equal to that applied to EERA subsection 3543.5(a) as expressed in Carlsbad Unified School District (1/30/79) PERB Decision No. 89, and in Novato Unified School District (4/30/82) PERB Decision No. 210, i.e., that a protected activity was a "motivating factor" in the employer's decision to engage in the complained of conduct; pp. 12-13.

Employee's request for union representation made two days prior to termination decision found insufficient to prove discrimination where ample evidence existed that termination was based on repeated incidents of employee misconduct; pp. 17-18.

Overall statutory scheme of HEERA preserves representation rights for employees and non-exclusive employee organizations until such time as an exclusive representative is selected. The basic rationale of SEERA as expressed in Professional Engineers in California Government (3/19/80) PERB Decision No. 118-S, applies to HEERA: the statute generally expands the rights of employees over those possessed under Brown Act.; pp. 28-31.

Employee availing himself of representation by a non-exclusive representative under HEERA is engaged in protected activity.