Decision 0777H – California State University (California State Employees Association)

LA-CE-209-H

Decision Date: November 21, 1989

Decision Type: PERB Decision

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Perc Vol: 14
Perc Index: 21003

Decision Headnotes

409.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; DEFENSES
409.06000 – Free Speech

Employer newsletter, published during negotiations, violated HEERA by announcing that as a result of the State budget employees would receive a 4 percent pay increase for non-faculty staff, effective January 1, 1988. Negotiations were not yet completed and the statements had the effect of undercutting the bargaining relationship envisioned under the Act. Comment constituted unlawful interference and was not protected under section 3571.3.

603.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; BYPASSING EXCLUSIVE REP
603.03000 – Usurping the Role of Union as Rep; Employer Speaking to or on Behalf of Employees

Employer newsletter, published during negotiations, violated HEERA by announcing that as a result of the State budget employees would receive a 4 percent pay increase for non-faculty staff, effective January 1, 1988. Negotiations were not yet completed and the statements had the effect of undercutting the bargaining relationship envisioned under the Act. Comment constituted unlawful interference and was not protected under section 3571.3.