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

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Perc Vol: 21
Perc Index: 28016

Decision Headnotes

401.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS
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.

404.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; STATEMENTS, MEETINGS, NOTICES, AND LEAFLETS
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.

409.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; DEFENSES
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.