Decision 0217E – Konocti USD

S-CE-340; CO-78

Decision Date: June 29, 1982

Decision Type: PERB Decision

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Perc Vol: 6
Perc Index: 13152

Decision Headnotes

301.00000 – UNFAIR PRACTICE ISSUES; STRIKES, SLOWDOWNS AND WORK STOPPAGES
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.

409.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; DEFENSES
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.

501.00000 – EMPLOYER DISCRIMINATION; DISCRIMINATION
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.

804.00000 – UNION UNFAIR PRACTICES; UNION BARGAINING CONDUCT
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.