Decision 0304S – State of California (Department of Transportation)
S-CE-43-S
Decision Date: April 26, 1983
Decision Type: PERB Decision
Perc Vol: 7
Perc Index: 14134
Decision Headnotes
1205.03000 – Notices; Posting, Reading, and Mailing
As evidence does not establish that the leaflet in question was not posted statewide, Board found that a statewide posting order is appropriate; p. 3.
1100.03000 – Standing
As there was no exclusive representative at the time of the alleged violation or when the charge was filed, nonexclusive representative has standing to represent employees in unfair practice charge; p. 16.
401.06000 – Bulletin Board Use; Posting of Union Notices
Under Carlsbad USD (1979) PERB Decision No. 89, the removal of a flyer from the state owned building two weeks after it was posted, denied the employee organization an opportunity to maintain its communication with the unit members via the bulletin board, and therefore involves slight harm to the right of the employee organization; p. 20.
404.03000 – Literature and Posting of Notices; Pictures; Anti-Union Petitions
Under Carlsbad USD (1979) PERB Decision No. 89, the removal of a flyer from the state owned building two weeks after it was posted, denied the employee organization an opportunity to maintain its communication with the unit members via the bulletin board, and therefore involves slight harm to the right of the employee organization; p. 20.
300.15000 – Speech
Inaccuracies and exaggeration are not rendered unprotected under the Act; it is only when the statements are made maliciously and are untrue, or with reckless disregard for the truth or falsity; pp. 33-34.