Decision 0217E – Konocti Unified School District
S-CE-340; CO-78
Decision Date: June 29, 1982
Decision Type: PERB Decision
Perc Vol: 6
Perc Index: 13152
Decision Headnotes
301.01000 – In General
Employee activity - bus driver made unauthorized stop to address captive audience of students about upcoming strike and that classified employees would appreciate support, including non-attendance at school or having parents call school on behalf of strikers - unprotected. Actions conducted in an indefensible manner, on duty time, to captive audience, interrupting duties to conduct union business without authorization and in violation of work rules; pp. 7-9.
409.04000 – Union or Employee Misconduct
Employee activity - bus driver made unauthorized stop to address captive audience of students about upcoming strike and that classified employees would appreciate support, including non-attendance at school or having parents call school on behalf of strikers - unprotected. Actions conducted in an indefensible manner, on duty time, to captive audience, interrupting duties to conduct union business without authorization and in violation of work rules; pp. 7-9.
501.02000 – Burden of Proof; Evidence
Anti-union animus on part of a superintendent not automatically imputed to District, where suspension of employees was result of independent disciplinary hearing not participated in by superintendent and where governing board rejected superintendents' recommendations to dismiss employee; pp. 10-11.
804.03000 – Strike as Unlawful Pressure Tactic
Strikes votes or strike talk - even before completion of negotiations and mediation - are not per se violations of union's good faith obligations. Total conduct must be examined; p. 12.