Decision 1104S – State of California (Department of Corrections) (California Correctional Peace Officers Association)
S-CE-551-S
Decision Date: May 18, 1995
Decision Type: PERB Decision
Description: State interfered with union’s right to represent members when it questioned a witness to a State Personnel Board proceeding.
Disposition: Violation found. State ordered to cease interference with union representation.
Perc Vol: 19
Perc Index: 26097
Decision Headnotes
102.01000 – In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts
PERB has exclusive initial jurisdiction over unfair practices and SPB has jurisdiction over disciplinary action taken against civil service employees. Employer interference with a union's representational rights is an unfair practice to be adjudicated by PERB and not deferred to the SPB; pp. 2-3.
102.02000 – Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes
PERB has exclusive initial jurisdiction over unfair practices and SPB has jurisdiction over disciplinary action taken against civil service employees. Employer interference with a union's representational rights is an unfair practice to be adjudicated by PERB and not deferred to the SPB; pp. 2-3.
104.03000 – Conclusiveness of Prior Determination by Federal Agencies, Other State Agencies or Courts
Collateral estoppel is applicable to decisions of administrative agencies when: (1) the agency is acting in a judicial capacity; (2) it resolves disputed issues of fact properly before it; and (3) the parties have had an adequate opportunity to litigate the disputed issues. Collateral estoppel inappropriate when the issues litigated before the SPB are not identical to the issues litigated before PERB; p. 4.
400.01000 – In General; Standards
In employer interference with union's right to represent case, Board balanced employer's interest in preparing for disciplinary case and investigating employee misconduct against interference with union's right to call uncoerced witnesses in SPB hearing. Violation found because employer was not engaged in an investigation; p. 19, proposed dec.
401.01000 – In General; Prima Facie Case.
In employer interference with union's right to represent case, Board balanced employer's interest in preparing for disciplinary case and investigating employee misconduct against interference with union's right to call uncoerced witnesses in SPB hearing. Violation found because employer was not engaged in an investigation; p. 19, proposed dec.
1200.01000 – In General
Based on the facts of this case, Board finds remedy overly broad in employer interference with union's right to represent case and eliminates the prerequisite that witnesses be informed that interviews are voluntary and free of reprisal. Remedy limited to cease and desist; pp. 4-5.
1205.10000 – Other Affirmative Relief
Based on the facts of this case, Board finds remedy overly broad in employer interference with union's right to represent case and eliminates the prerequisite that witnesses be informed that interviews are voluntary and free of reprisal. Remedy limited to cease and desist; pp. 4-5.
1405.01000 – In General
Collateral estoppel is applicable to decisions of administrative agencies when: (1) the agency is acting in a judicial capacity; (2) it resolves disputed issues of fact properly before it; and (3) the parties have had an adequate opportunity to litigate the disputed issues. Collateral estoppel inappropriate when the issues litigated before the SPB are not identical to the issues litigated before PERB; p. 4.