Decision 0366H – Regents of the University of California
SF-CE-117-H
Decision Date: December 16, 1983
Decision Type: PERB Decision
Perc Vol: 8
Perc Index: 15007
Decision Headnotes
409.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; DEFENSES
409.06000 – Free Speech
409.06000 – Free Speech
If challenged speech by an employer contains no threat of reprisal or force or promise of benefit, then it constitutes speech protected by 3571.3. In this case, speech found protected; p. 11.
603.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; BYPASSING EXCLUSIVE REP
603.04000 – Circumvention of Union; Direct Dealing With Employees
603.04000 – Circumvention of Union; Direct Dealing With Employees
While making offer directly to employees of benefits greater than those offered to union prior to impasse violates 3571(c) and derivatively (a) and (b), here no offer was made. Not every comment concerning subjects of negotiations will be interpreted as an attempt to bypass the union; p. 17.