Decision 1179S – State of California (Department of Personnel Administration) (California Union of Safety Employees)

S-CE-867-S

Decision Date: December 4, 1996

Decision Type: PERB Decision

View Full Text (PDF)

Perc Vol: 21
Perc Index: 28017

Decision Headnotes

404.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; STATEMENTS, MEETINGS, NOTICES, AND LEAFLETS
404.02000 – Statements

The employer may not solicit employees to withdraw from union membership, but may bring to employees' attention their right to resign if the communication is free of threat and coercion or promise of benefit; p. 4, warning letter. Employer's statement of opinion regarding the reasons for lack of progress in negotiations although possibly incomplete and/or misleading does not constitute prima facie evidence of bad faith bargaining as long as the communication is not threatening and coercive; p. 5, p. 6, warning letter.

606.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES
606.08000 – Conduct Outside of Negotiations; Prior UPs

Employer's statement of opinion regarding the reasons for lack of progress in negotiations although possibly incomplete and/or misleading does not constitute prima facie evidence of bad faith bargaining as long as the communication is not threatening and coercive; p. 5, p. 6, warning letter

409.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; DEFENSES
409.06000 – Free Speech

PERB views employer statements in their overall context to determine if they have a coercive meaning; p. 4, warning letter. PERB considers accuracy, but even if the statements are false or misleading, they do not constitute unlawful communication if they do not contain a threat or promise of benefit; p. 4, warning letter. The employer may not solicit employees to withdraw from union membership, but may bring to employees' attention their right to resign if the communication is free of threat and coercion or promise of benefit; p. 4, warning letter. Employer's statement of opinion regarding the reasons for lack of progress in negotiations although possibly incomplete and/or misleading does not constitute prima facie evidence of bad faith bargaining as long as the communication is not threatening and coercive; p. 5, p. 6, warning letter. bargaining as long as the communication is not threatening and coercive; p. 5, p. 6, warning letter.