Decision 0628E – Woodland Joint Unified School District

S-CE-759

Decision Date: June 30, 1987

Decision Type: PERB Decision

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Perc Vol: 11
Perc Index: 18121

Decision Headnotes

1105.00000 – CASE PROCESSING PROCEDURES; EVIDENCE
1105.06000 – Hearsay

Respondent's rebuttal to charging party's version of events solely hearsay, upon which no findings can be made.

1205.00000 – REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS
1205.02000 – Access – Remedy for Unfair Practice

Union president's access to transportation office restored.

1205.00000 – REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS
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.

401.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS
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.

405.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; THREATS OR PROMISES
405.02000 – Express or Implied Threats

Threatening to "get rid of" charging party; warning other employees not to get involved with charging party.

409.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; DEFENSES
409.04000 – Union or Employee Misconduct

Evidence fails to support defense that employee engaged in misconduct.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
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.

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.03000 – Warning Letters, Reprimands, Evaluations

Purported bases for poor evaluation, letters of reprimand and other derogatory materials found pretextural; no employee misconduct.

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.15000 – Other

Restriction on access to transportation office.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.02000 – Disparate Treatment

Union president given only restricted access to transportation office.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.04000 – Timing of Action

Adverse actions against union president close in time to difficult negotiations and complaints about working conditions.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
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.

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
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.

1000.00000 – SCOPE OF REPRESENTATION
1000.02002 – Access – Subject of Bargaining

Union access to work areas and equipment negotiable.