Decision 0305H – Regents of the University of California (Berkeley)
SF-CE-12, 15, 23-H
Decision Date: April 28, 1983
Decision Type: PERB Decision
Perc Vol: 7
Perc Index: 14139
Decision Headnotes
505.06000 – Inefficiency or Incompetence
Exclusive rep's showing of employee's inadequate performance was sufficient to rebut inference of unlawful conduct.
405.02000 – Express or Implied Threats
No interference with protected rights where casual "shop floor" conversation did not constitute an unlawful interrogation or unlawful threat; pp. 6-7.
402.01000 – In General
No interference with protected rights where casual "shop floor" conversation did not constitute an unlawful interrogation or unlawful threat; pp. 6-7.
408.02000 – Grievances/Grievance Procedure
No interference with right to union representation where during informal contact between employer and grievant, employer mentions grievance or offers to meet with grievant with or without union representation; p. 8. Phone call to employee from personnel officer did not unlawfully interfere with employee's right to representation regarding grievance where any harm was slight and was outweighed by employer's legitimate justification for the telephone call; p. 9.
409.01000 – Business Necessity
Phone call to employee from personnel officer did not unlawfully interfere with employee's right to representation regarding grievance where any harm was slight and was outweighed by employer's legitimate justification for the telephone call; p. 9.