Decision 0292E – Rio Hondo Community College District

LA-CE-1158; CO-141

Decision Date: March 8, 1983

Decision Type: PERB Decision

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Perc Vol: 7
Perc Index: 14091

Decision Headnotes

401.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS
401.04000 – Access – Union Right

District's threatened suspension of the statutorily guaranteed employee organization rights of dues deductions, reasonable access, and the right to represent members in grievances constitute separate violations of section 3543.5(a); p. 14.

405.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; THREATS OR PROMISES
405.02000 – Express or Implied Threats

District's threatened suspension of the statutorily guaranteed employee organization rights of dues deductions, reasonable access, and the right to represent members in grievances constitute separate violations of section 3543.5(a); p. 14.

405.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; THREATS OR PROMISES
405.01000 – In General

Because a threat to punatively suspend statutory rights tends to undermine the status of an exclusive representative and has chilling effect on employee activity, the threat to suspend such rights in an emergency resolution constitutes a violation of EERA; pp. 13-14.

804.00000 – UNION UNFAIR PRACTICES; UNION BARGAINING CONDUCT
804.03000 – Strike as Unlawful Pressure Tactic

One-day pre-impasse strike motivated by economic considerations to gain concessions at bargaining table amounts to a refusal to bargain in good faith in violation of section 3543.6(c) and (a); p. 30.

301.00000 – UNFAIR PRACTICE ISSUES; STRIKES, SLOWDOWNS AND WORK STOPPAGES
301.02000 – Pre-Impasse

One-day pre-impasse strike motivated by economic considerations to gain concessions at bargaining table amounts to a refusal to bargain in good faith in violation of section 3543.6(c) and (a); p. 30.

301.00000 – UNFAIR PRACTICE ISSUES; STRIKES, SLOWDOWNS AND WORK STOPPAGES
301.04000 – Unfair Practice

As Association did not charge that District engaged in bad faith or surface bargaining at the table and no evidence supports a finding of causal connection between unfair practice charges and strike, Board found that one-day strike was not provoked by District's unlawful conduct; p. 29.

802.00000 – UNION UNFAIR PRACTICES; UNLAWFUL STRIKES AND WORK STOPPAGES
802.01000 – In General

As Association did not charge that District engaged in bad faith or surface bargaining at the table and no evidence supports a finding of causal connection between unfair practice charges and strike, Board found that one-day strike was not provoked by District's unlawful conduct; p. 29.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.09000 – Strikes or Other Concerted Activity by Union

District has right to prepare for a strike by taking prudent measures including: hiring substitutes to replace strikers and suspending employment policy which interfered with such hiring; hiring security guards; authorizing appropriate legal action; and refusing to pay strikers for time not worked, including fringe benefits; pp. 10-11.

301.00000 – UNFAIR PRACTICE ISSUES; STRIKES, SLOWDOWNS AND WORK STOPPAGES
301.01000 – In General

District has right to prepare for a strike by taking prudent measures including: hiring substitutes to replace strikers and suspending employment policy which interfered with such hiring; hiring security guards; authorizing appropriate legal action; and refusing to pay strikers for time not worked, including fringe benefits; pp. 10-11.

409.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; DEFENSES
409.01000 – Business Necessity

As District could have achieved same result by enforcing its existing policy, change in leave policy cannot be found to be reasonably necessary to avert a serious threat of interruption of educational services and is not justified by business necessity; p. 18.

401.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS
401.11000 – Dues Deductions/Check Off/Agency Fee

District's threatened suspension of the statutorily guaranteed employee organization rights of dues deductions, reasonable access, and the right to represent members in grievances constitute separate violations of section 3543.5(a); p. 14.

405.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; THREATS OR PROMISES
405.03000 – Promise of or Withholding of Benefits

District's threatened suspension of the statutorily guaranteed employee organization rights of dues deductions, reasonable access, and the right to represent members in grievances constitute separate violations of section 3543.5(a); p. 14.