Decision 0317E – San Francisco Unified School District

SF-CE-654

Decision Date: June 8, 1983

Decision Type: PERB Decision

Perc Vol: 7
Perc Index: 14172

Decision Headnotes

700.00000 – EMPLOYER DOMINATION OR ASSISTANCE; DOMINATION OF OR ASSISTANCE TO LABOR ORGANIZATIONS
700.04000 – Management Aid or Instigation in Forming Unions Committees, Etc.; Statements in General; Free Speech

Employer's speech may not contain threats or coercion but may be impliedly intimidating or coercive, but here, total course of conduct does not give inference of coercion; p. 5.

101.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES
101.03000 – NLRA/LMRDA Precedent

Board cites Rio Hondo CCD (1980) PERB Dec. No. 128, expressly adopting NLRB free speech standards.

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

Employer's speech may not contain threats or coercion but may be impliedly intimidating or coercive, but here, total course of conduct does not give inference of coercion; p. 5.

409.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; DEFENSES
409.06000 – Free Speech

Employer's right of free speech allows speech which does not contain threat of reprisal or force or promise of benefit and is relevant to matters of legitimate employer concern.

603.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; BYPASSING EXCLUSIVE REP
603.04000 – Circumvention of Union; Direct Dealing With Employees

Cites Modesto City Schools (1983) PERB Dec. No. 291. Here, letter made no offer to employees, nor appears to be directed to undermine employees' authority to negotiate on behalf of unit employees.