Decision 0449H – Regents of the University of California (California State Employees Association)

SF-CE-84-H

Decision Date: December 4, 1984

Decision Type: PERB Decision

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Perc Vol: 9
Perc Index: 16014

Decision Headnotes

1105.00000 – CASE PROCESSING PROCEDURES; EVIDENCE
1105.14000 – Witnesses: Credibility, Cross Examination and Impeachment; Pretrial Statements

Demeanor; selective memory on cross examination; evasive, exaggerated, inconsistent testimony, inherently unbelievable testimony.

408.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS
408.03000 – Investigatory Interviews

Violation found where employee denied right to union representation during an audit of duties conducted as a result of reclassification request.

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.15000 – Speech

Criticism of a supervisor on employment-related subjects is protected when its purpose is to advance the employees' interests in working conditions.

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.05000 – Grievances

Representation by non-exclusive representative during the filing of grievances, and in the absence of an exclusive representative, is protected conduct.

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.04000 – Individual/Concerted/Activities/Self-Representation

Employee complaints about wage inequities, undertaken with two other employees, are protected despite the absence of an exclusive representative or a negotiated agreement. Individual employee complaints, filed alone, about wage inequities also protected because complainant acted with the knowledge and implied authority of other employees.