Decision 0366H – Regents of the University of California

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.

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.