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

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Perc Vol: 9
Perc Index: 16237

Decision Headnotes

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.02000 – Regulations Considered (By Number)

Regulation No. 32738 - the conduct had a "probable impact on employees' vote" necessitating setting aside the election.

201.00000 – PARTIES; DEFINITIONS; WHO IS AN EMPLOYER?
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.

404.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; STATEMENTS, MEETINGS, NOTICES, AND LEAFLETS
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.

407.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH DECERTIFICATION OR RIVAL UNION PETITION
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.

409.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; DEFENSES
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.

407.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH DECERTIFICATION OR RIVAL UNION PETITION
407.01000 – In General

Where employer impermissibly interfered with decertification process by illegal speeches, election results are properly vacated and new election ordered.