Decision 1049S – State of California (Department of Transportation)

S-CE-693-S

Decision Date: June 2, 1994

Decision Type: PERB Decision

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Perc Vol: 18
Perc Index: 25099

Decision Headnotes

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.12000 – Insistence on Union Representation

An employer is not required to postpone an interview because a specific union representative the employee requested is absent, so long as another union representative is available at the time set for the interview. Nor is the employer obliged to suggest or secure alternative representation for the employee; p. 2, warning letter, fn. 1.

408.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS
408.03000 – Investigatory Interviews

The right to representation attaches at an employer-conducted interview where an employee reasonably anticipates and fears that the interview may lead to disciplinary action; p. 1, warning letter. An employer is not required to postpone an interview because a specific union representative the employee requested is absent, so long as another union representative is available at the time set for the interview. Nor is the employer obliged to suggest or secure alternative representation for the employee; p. 2, warning letter, fn. 1.

1102.00000 – CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION
1102.01000 – Pre-Arbitration

An alleged violation of Weingarten rights as interference under 3519(a) is deferrable under no interference language in the contract.