Decision 0810S – State of California (Department of Parks and Recreation) * * * OVERRULED by State of California (Department of Corrections) (1995) PERB Decision No. 1100-S
S-CE-443-S
Decision Date: June 4, 1990
Decision Type: PERB Decision
* * * OVERRULED by State of California (Department of Corrections) (1995) PERB Decision No. 1100-S * * *
Perc Vol: 14
Perc Index: 21114
Decision Headnotes
1101.01000 – In General
* * * OVERRULED by State of California (Department of Corrections) (1995) PERB Decision No. 1100-S, where the Board held that pre-arbitration deferral is based on the conduct underlying the unfair practice charge, not the particular code sections alleged to have been violated. * * *
Since contract provision mirrors language of 3519(a), claim of denial of "Weingarten rights" deferred to arbitration, but concurrent claim of denial of employee organization rights not covered by contract is not deferred; pp. 4-7.
408.03000 – Investigatory Interviews
* * * OVERRULED by State of California (Department of Corrections) (1995) PERB Decision No. 1100-S, where the Board held that pre-arbitration deferral is based on the conduct underlying the unfair practice charge, not the particular code sections alleged to have been violated. * * *
Denial of "Weingarten rights" constitutes interference with protected rights and, therefore, violates 3519(a); since contract provision mirrors language of 3519(a), claim of denial of "Weingarten rights" deferred to arbitration, but concurrent claim of denial of employee organization rights not covered by contract is not deferred; pp. 4-6.