Decision 0795E – Jamestown Elementary School District

S-CE-1254

Decision Date: March 20, 1990

Decision Type: PERB Decision

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Perc Vol: 14
Perc Index: 21069

Decision Headnotes

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.07000 – Minority Demands; Dissident Group; Intraunion Disputes

Evidence of protected activity where employee attended union meetings and expressed support for incumbent union in interunion dispute; p. 18, proposed dec. (Writ summarily denied.)

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

No nexus found where little or no evidence that employer aware of protected activity and where comments of employer could not reasonably be interpreted to urge employee to abandon support for incumbent union; pp. 18-19, proposed dec. (Writ summarily denied.)

504.00000 – EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS
504.12000 – Employer Statements or Conduct; Threats

No nexus found where little or no evidence that employer aware of protected activity and where comments of employer could not reasonably be interpreted to urge employee to abandon support for incumbent union; pp. 18-19, proposed dec. (Writ summarily denied.)

505.00000 – EMPLOYER DISCRIMINATION; DEFENSES
505.12000 – Lack of Knowledge of Protected Activity

No nexus found where little or no evidence that employer aware of protected activity and where comments of employer could not reasonably be interpreted to urge employee to abandon support for incumbent union; pp. 18-19, proposed dec. (Writ summarily denied.)

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

Employer unlawfully changed vacation pay formula for 2 employees (thereby making formula the same for all part-time employees), where evidence showed there had been two distinct policies--one for instructional aides and one for other part-time employees; number of employees affected not always indicative of whether policy change has occurred; pp. 5-6. No unilateral change where employer reasonably relied on agreement of union reps. acting with apparent authority; pp. 22-23, proposed dec. (Writ summarily denied.)

700.00000 – EMPLOYER DOMINATION OR ASSISTANCE; DOMINATION OF OR ASSISTANCE TO LABOR ORGANIZATIONS
700.07000 – Favoritism; Contract Ban on Distribution or Solicitation; Unequal Treatment of Unions; Preferential Access; Duty of Strict Neutrality

No violation where no evidence that content of employee meetings at which decertification was discussed was sanctioned or encouraged by employer; no evidence that access afforded to dissident union not afforded to incumbent or that employer otherwise favored dissident group; pp. 19-20, proposed dec. (Writ summarily denied.)

1205.00000 – REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS
1205.03000 – Notices; Posting, Reading, and Mailing

Posting of notice serves to inform employees of the resolution of the controversy and announce the employer's readiness to comply with the order, and furthers the purposes of the Act by informing all concerned of activity found to be unlawful, thereby providing guidance and preventing reoccurrence; p. 7. (Writ summarily denied.)

1400.00000 – GENERAL LEGAL PRINCIPLES; AGENCY
1400.03000 – Union Responsibility

No unilateral change where employer reasonably relied on agreement of union reps. acting with apparent authority; pp. 22-23, proposed dec. (Writ summarily denied.)