Decision 0833E – Los Rios Community College District
Decision Date: August 10, 1990
Decision Type: PERB Decision
Perc Vol: 14
Perc Index: 21160
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.
401.09000 – 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.
700.07000 – 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.
501.01000 – 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.
400.01000 – 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.
503.15000 – 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.
505.11000 – Legitimate Business Purpose/Business Necessity
An employer's refusal to commit an illegal act is not an adverse action under EERA; p. 4.