Decision 1176S – State of California (Department of Transportation) (International Union of Operating Engineers)
S-CE-854-S
Decision Date: November 18, 1996
Decision Type: PERB Decision
Description: Union appealed dismissal of its charge that employer interfered with union rights by soliciting employees to resign membership.
Disposition: Dismissed. Employer informed employees of the right to withdraw membership but did not solicit withdrawal.
Perc Vol: 21
Perc Index: 28016
Decision Headnotes
401.11000 – Dues Deductions/Check Off/Agency Fee
Employer memos conveying information to employees concerning the right to resign from union membership simply communicate that the right exists and do not advocate a course of action are permitted under employer free speech and are not interference; p. 3, warning letter. The employer memos do not establish that the State solicited employees to withdraw from membership, only that the State informed employees of their right to do so; p. 3, warning letter.
404.03000 – Literature and Posting of Notices; Pictures; Anti-Union Petitions
Employer memos conveying information to employees concerning the right to resign from union membership simply communicate that the right exists and do not advocate a course of action are permitted under employer free speech and are not interference; p. 3, warning letter. The employer memos do not establish that the State solicited employees to withdraw from membership, only that the State informed employees of their right to do so; p. 3, warning letter.
409.06000 – Free Speech
Employer memos conveying information to employees concerning the right to resign from union membership simply communicate that the right exists and do not advocate a course of action are permitted under employer free speech and are not interference; p. 3, warning letter. The employer memos do not establish that the State solicited employees to withdraw from membership, only that the State informed employees of their right to do so; p. 3, warning letter.