Decision 0224E – Mt. San Antonio Community College District
LA-CE-541, 547
Decision Date: June 30, 1982
Decision Type: PERB Decision
Perc Vol: 6
Perc Index: 13163
Decision Headnotes
300.11000 – Distribution of Literature
Teachers were improperly disciplined for distributing leaflets (at graduation) which were critical of District's fiscal management. Content of leaflets and activity of teachers did not lose protected status since their efforts related to legitimate labor dispute. Fact that the issues are not negotiable subjects not determinative since they are matters on which the union has consultation rights. Thus, teachers' actions fell within right to participate in activities of employee organization. Leaflet not opprobious, malicious or defamatory in context; pp. 5-7.
409.04000 – Union or Employee Misconduct
Teachers were improperly disciplined for distributing leaflets (at graduation) which were critical of District's fiscal management. Content of leaflets and activity of teachers did not lose protected status since their efforts related to legitimate labor dispute. Fact that the issues are not negotiable subjects not determinative since they are matters on which the union has consultation rights. Thus, teachers' actions fell within right to participate in activities of employee organization. Leaflet not opprobious, malicious or defamatory in context; pp. 5-7.
1205.08000 – Expunging Employee Personnel Files
Remedy of removal of reprimands from personnel files of employees unlawfully disciplined does not contravene Government Code section 6200. That section governs only material that was lawfully entered in file. Since it was unlawfully entered here, it is not unlawful to remove it. Removal is within Board's authority to fashion appropriate remedial orders; pp. 9-10.
604.05000 – Subjects of Information
Union entitled to all information necessary and relevant to discharge its duty to represent unit employees. District violated Act by refusing to provide names of all other disciplined employees; pp. 10-11. District also violated Act by refusing to provide home addresses of part-time instructors who the union reasonably believed might have been affected by Supreme Court's Peralta [24 Cal.3d 369] decision; pp. 11-12. Information about employees whose status in unit is in question is necessary and relevant to discharging union's duty. Absence of express mechanism to release the info is not bar to access.