Decision 0628E – Woodland Joint Unified School District
S-CE-759
Decision Date: June 30, 1987
Decision Type: PERB Decision
Perc Vol: 11
Perc Index: 18121
Decision Headnotes
1105.06000 – Hearsay
Respondent's rebuttal to charging party's version of events solely hearsay, upon which no findings can be made.
1205.02000 – Access – Remedy for Unfair Practice
Union president's access to transportation office restored.
1205.08000 – Expunging Employee Personnel Files
Removal of letters of reprimand, poor evaluation, other employee complaints and discriminatory directive; charging party to be permitted to view file.
401.04000 – Access – Union Right
Restriction on union president's access to transportation office interfered with employee's right to engage in conduct protected by statute; p. 3.
405.02000 – Express or Implied Threats
Threatening to "get rid of" charging party; warning other employees not to get involved with charging party.
409.04000 – Union or Employee Misconduct
Evidence fails to support defense that employee engaged in misconduct.
602.05000 – Impact and Extent
Restricting access to union president (a) and (b) violation, but not unilateral change in policy where it was not shown that other employees or union officials were denied access.
503.03000 – Warning Letters, Reprimands, Evaluations
Purported bases for poor evaluation, letters of reprimand and other derogatory materials found pretextural; no employee misconduct.
503.15000 – Other
Restriction on access to transportation office.
504.02000 – Disparate Treatment
Union president given only restricted access to transportation office.
504.04000 – Timing of Action
Adverse actions against union president close in time to difficult negotiations and complaints about working conditions.
504.08000 – Cursory Investigation
Even where no independent investigation required by normal procedures, once under taken, it must be done in fair and reasonable manner; employee misconduct unsubstantiated.
504.12000 – Employer Statements or Conduct; Threats
Threatening to "get rid of" charging party; warning other employees not to get involved with charging party.
504.14000 – Other/In General
Refusing to reveal names of complaining parents not indicative of animus where employer took no action based on those complaints.
1000.02002 – Access – Subject of Bargaining
Union access to work areas and equipment negotiable.