Decision 1210S – State of California (Department of California Highway Patrol)
Decision Date: June 23, 1997
Decision Type: PERB Decision
Description: Union appealed dismissal of its charge that employer unlawfully denied employee union representation.
Disposition: Dismissed. Employee had no right to union representation in the meetings in question.
Perc Vol: 21
Perc Index: 28120
408.03000 – Investigatory Interviews
The right to representation does not apply to run of the mill shop conversations such as giving instructions or correcting work techniques; p. 18, proposed dec. When the employee was not asked any questions, and the meeting did not result in a finding of insubordination, the presentation of a memo giving the employee work instructions was not investigatory and the right of representation did not attach; pp. 19 and 21, proposed dec. The right to representation does not attach in an investigatory meeting regarding another employee's conduct; p. 22, proposed dec.