Decision 0601S – State of California (Department of Personnel Administration, Developmental Services, & Mental Health); State of California (Department of Personnel Administration) (Communications Workers of America/California Association of Psychiatric Technicians)

S-CE-261-S; S-OB-104-S (S-D-87-S)

Decision Date: December 30, 1986

Decision Type: PERB Decision

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Perc Vol: 11
Perc Index: 18020

Decision Headnotes

401.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS
401.04000 – Access – Union Right

Unilateral changes in access requirement of 24 hour notice from the recognized collective bargaining agent's representative is improper where policies are set out in the contract. Unilateral change in telephone use by the union is improper where it amounts to a change in past practice. State may rationally regulate use of meeting rooms; pp. 61-66, proposed dec.

401.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS
401.03000 – Ban on Distribution or Solicitation

Where contract permits deferral of access for safety reasons, the employer may redirect leaflet distribution; p. 70, proposed dec.

407.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH DECERTIFICATION OR RIVAL UNION PETITION
407.04000 – Employer Favoritism/Absence of Strict Neutrality

Letter from the employer recognizing rival union as an "employee organization," per section 3513(a) is not unlawful support. Posting of letter by management listing names of rival union suggests management support for that union and is a violation of section 3519(d) breaching the requirement of strict neutrality; pp. 76-77, P.D. It is not favortism to rationally regulate use of meeting rooms. Reduction of recognized bargaining agent's bulletin board space does violate section 3519(a) and (b), but is not unlawful support for rival union; pp. 88, P.D. Statements by supervisors that the rival union should win the election or was much better than incumbent union constitute unlawful interference and support for rival; pp. 89-94, P.D.

1310.00000 – REPRESENTATION ISSUES; UNIT MODIFICATION
1310.04000 – Decertification and Unit Modification

The employer's request for a unit modification is not interference with incumbent union's rights or employees' free choice in decertification proceedings where the employer had pursued request for years and where the modification issue was only one of many; pp. 100-101, proposed dec.

1304.00000 – REPRESENTATION ISSUES; OBJECTION TO ELECTIONS
1304.03000 – Employer Conduct

Election results will not be overturned where unfair labor practices by the employer had no widespread impact throughout the unit; p. 109, proposed dec.

1200.00000 – REMEDIES FOR UNFAIR PRACTICES; CEASE AND DESIST ORDERS
1200.01000 – In General

Where the employer interferred with incumbent union's access, cease and desist notice will be appropriate; p. 111, proposed dec.

1205.00000 – REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS
1205.04000 – Attorneys Fees and Costs

Incumbent union's charges are not frivolous and dilatory where some have been dismissed and some sustained; p. 111, proposed dec.