Decision 0687E – Cottonwood Union High School District
S-CE-879
Decision Date: June 27, 1988
Decision Type: PERB Decision
Perc Vol: 12
Perc Index: 19115
Decision Headnotes
101.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES
101.03000 – NLRA/LMRDA Precedent
101.03000 – NLRA/LMRDA Precedent
NLRA precedent not instructive in case involving adverse action against a supervisor under EERA.
200.00000 – PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309)
200.02000 – Managerial and Confidential
200.02000 – Managerial and Confidential
Propriety of using conjunctive test for management employee in Lompoc #13 questioned.
400.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; EMPLOYER INTERFERENCE WITH, RESTRAINT, OR COERCION OF EMPLOYEES
400.01000 – In General; Standards
400.01000 – In General; Standards
Posting of articles against unions and requesting the evaluation of union activists insufficient to give rise to an EERA violation.
404.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; STATEMENTS, MEETINGS, NOTICES, AND LEAFLETS
404.03000 – Literature and Posting of Notices; Pictures; Anti-Union Petitions
404.03000 – Literature and Posting of Notices; Pictures; Anti-Union Petitions
Posting of articles against unions and requesting the evaluation of union activists insufficient to give rise to an EERA violation.
501.00000 – EMPLOYER DISCRIMINATION; DISCRIMINATION
501.01000 – In General; Elements of Prima Facie Case
501.01000 – In General; Elements of Prima Facie Case
Inarticulated objections and silent reluctance do not constitute a "refusal" to commit unlawful activity - i.e., employer had no knowledge of employee's protected conduct.