Decision 0893H – California State University, Long Beach (California State Employees Association)
Decision Date: July 23, 1991
Decision Type: PERB Decision
Perc Vol: 15
Perc Index: 22123
1205.08000 – Expunging Employee Personnel Files
As there was no evidence that the letter of reprimand, counseling memoranda and/or suspensions were a product of the meetings, a purge order was inappropriate; p. 4. The fact that letter of reprimand and suspension were being challenged before the SPB does not preclude PERB from deciding whether these documents were a product of employee's request for representation during two meetings and should be purged from employee's personnel file; p. 3.
102.02000 – Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes
Whether an adverse action is being challenged before the State Personnel Board does not preclude PERB from deciding whether the action are invalid.
408.01000 – In General
Right to representation attaches where employer's conduct goes beyond informing the employee of, or acting upon, a previously made disciplinary decision. Right to representation attaches where employer (1) seeks facts or evidence in support of disciplinary action; (2) attempts to have employee "admit his alleged wrongdoing or to sign a statement to that effect; or (3) seeks to have employee "sign statements relating to such other matters as workmen's compensation"; pp. 19-20, proposed dec. Once employee makes a valid request for union representation, employer has a choice of one of three options: (1) grant the request; (2) dispense with or discontinue the interview; or (3) offer employee the choice of continuing the interview without union representation or of having no interview at all; p. 20, proposed dec. having no interview at all; p. 20, proposed dec.
408.03000 – Investigatory Interviews
Employee has right of representation, upon request, at any employer's investigatory interview if the employee reasonably believes that the interview might result in disciplinary action; p. 19, proposed dec. As meeting was an investigatory interview, the employer was required to refrain from further interview of the employee until the requested representative was present. Since the questioning continued, the employee was denied her valid right to representation; p. 25, proposed dec.
408.05000 – Other Circumstances
Given the intimidating atmosphere, as well as the employee's uncertainty about signing a document, it was not unreasonable for employee to believe that she needed the assistance of her union representation to provide advice and direction; p. 23, proposed dec.