Decision 0533E – Office of Kern County Superintendent of Schools
LA-CE-1895, LA-CE-1987, LA-D-143
Decision Date: June 9, 1985
Decision Type: PERB Decision
Perc Vol: 9
Perc Index: 16237
1503.02000 – Regulations Considered (By Number)
Regulation No. 32738 - the conduct had a "probable impact on employees' vote" necessitating setting aside the election.
201.02000 – Agents (See also 1400)
Supervisor found to be employer's agent even though conduct not specifically authorized. Union failed to show that certain employees were "supervisors" under EERA; applies same burden of proof as in unit determinations to analyze whether employees are agents of employer during decertification campaign.
404.02000 – Statements
Employer statements at mandatory meetings found to interfere with employee rights where employer conditioned future benefits on waiver of right to choose representative.
407.04000 – Employer Favoritism/Absence of Strict Neutrality
Employer impermissibly favored rival union in decertification drive by indicating that benefits would remain same if rival union certified. Interference in decertification campaign found where supervisor, during work hours, circulated a "letter of concern" which supported the rival union.
409.06000 – Free Speech
Employer went beyond free speech when it predicted what would happen if collective bargaining agreement was negotiated, including loss of certain benefits.
407.01000 – In General
Where employer impermissibly interfered with decertification process by illegal speeches, election results are properly vacated and new election ordered.