Decision 0833E – Los Rios Community College District

S-CE-1298

Decision Date: August 10, 1990

Decision Type: PERB Decision

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Perc Vol: 14
Perc Index: 21160

Decision Headnotes

401.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS
401.04000 – Access – Union Right

EERA provides for access to an employer's facilities only to an employee organization and not to individual employees; pp. 4, 6.

401.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS
401.09000 – Mail Systems

A district is foreclosed from carrying unstamped personal mail by U.S. Postal Regulations and it makes no difference if the sender is an individual employee or union; p. 4-5.

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

Failure of charging party to allege facts to show district's refusal to carry personal unstamped mail tended to influence employees free choice or provided stimulus in one direction or another to employee organizations is grounds for dismissal of section 3543.5(d) charges; p. 7.

501.00000 – EMPLOYER DISCRIMINATION; DISCRIMINATION
501.01000 – In General; Elements of Prima Facie Case

The necessary element of adverse action is not alleged with facts indicating the employer simply refused to take an illegal action of carrying an employee's unstamped mail in contravention of U.S. Postal Regulations; p. 4.

400.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; EMPLOYER INTERFERENCE WITH, RESTRAINT, OR COERCION OF EMPLOYEES
400.01000 – In General; Standards

Since there is no right under EERA for an employee to have the employer carry unstamped mail, there can be no interference violation.

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.15000 – Other

A district's refusal to carry an employee's unstamped mail in contravention of the U.S. Postal Regulations is "not" adverse action under EERA; p. 4.

505.00000 – EMPLOYER DISCRIMINATION; DEFENSES
505.11000 – Legitimate Business Purpose/Business Necessity

An employer's refusal to commit an illegal act is not an adverse action under EERA; p. 4.