Decision 0795E – Jamestown Elementary School District
S-CE-1254
Decision Date: March 20, 1990
Decision Type: PERB Decision
Perc Vol: 14
Perc Index: 21069
Decision Headnotes
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.)
503.03000 – 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.)
504.12000 – 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.)
501.03000 – 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.)
602.05000 – 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.)
700.07000 – 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.)
1205.03000 – 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.)
1400.03000 – 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.)