Decision 1190E – Elk Grove Unified School District
Decision Date: March 25, 1997
Decision Type: PERB Decision
Description: Union appealed dismissal of its charge that District interfered with union rights and unlawfully retaliated against an employee.
Disposition: Dismissed. Union failed to demonstrate that District acted unlawfully.
Perc Vol: 21
Perc Index: 28070
401.04000 – Access – Union Right
No prima facie case of access denial when union failed to show that placing union representative on administrative leave interfered with employee's ability to perform union duties; p. 1, dismissal letter. To establish that an employer interfered with the right to access, the union must allege that the employer imposed objectively unreasonable restriction's on the union's right to access; p. 2, warning letter.
402.05000 – Attendance or Transactions at Union Meetings
No prima facie interference case when union failed to show that employer's questioning of union members about statements made in union meetings concerned any union business; p. 2, dismissal letter.
408.03000 – Investigatory Interviews
To exercise the right to representation, the employee must request representation; p. 2, warning letter.