Decision 0230E – San Ramon Valley Unified School District

SF-CE-349

Decision Date: August 9, 1982

Decision Type: PERB Decision

Perc Vol: 6
Perc Index: 13184

Decision Headnotes

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.15000 – Speech

Union officer's attempted speech before the school board constituted protected activity, where officer was advocating for the union as opposed to negotiating a union position.

401.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS
401.05000 – Union Activity During Nonworking Time or in Nonworking Areas

Outright banning of union representative from employee lunchroom, or otherwise requiring representative to obtain prior permission constituted an unreasonable restriction violative of the union's statutory right of access; employer's defense that it was protecting employees from the intrusion of "outsiders" rejected.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.04000 – Unalleged Violations

Unalleged violation (Board refused to find violation concerning matter not alleged in charge/complaint; matter was not intimately related to subject of complaint, and Respondent never had full opportunity to litigate.)