Decision 0305H – Regents of the University of California (Berkeley)

SF-CE-12, 15, 23-H

Decision Date: April 28, 1983

Decision Type: PERB Decision

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Perc Vol: 7
Perc Index: 14139

Decision Headnotes

505.00000 – EMPLOYER DISCRIMINATION; DEFENSES
505.06000 – Inefficiency or Incompetence

Exclusive rep's showing of employee's inadequate performance was sufficient to rebut inference of unlawful conduct.

405.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; THREATS OR PROMISES
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.

402.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; QUESTIONING/INTERROGATING EMPLOYEES
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.

408.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS
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.

409.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; DEFENSES
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.