Decision 1049S – State of California (Department of Transportation)
S-CE-693-S
Decision Date: June 2, 1994
Decision Type: PERB Decision
Perc Vol: 18
Perc Index: 25099
Decision Headnotes
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.
408.03000 – 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.
1102.01000 – Pre-Arbitration
An alleged violation of Weingarten rights as interference under 3519(a) is deferrable under no interference language in the contract.