Decision 0601S – State of California (Department of Personnel Administration, Developmental Services, and 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
Perc Vol: 11
Perc Index: 18020
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.
401.03000 – Ban on Distribution or Solicitation
Where contract permits deferral of access for safety reasons, the employer may redirect leaflet distribution; p. 70, proposed dec.
407.04000 – 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.
1310.04000 – 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.
1304.03000 – 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.
1200.01000 – In General
Where the employer interferred with incumbent union's access, cease and desist notice will be appropriate; p. 111, proposed dec.
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.