Decision 1210S – State of California (Department of California Highway Patrol)

LA-CE-331-S

Decision Date: June 23, 1997

Decision Type: PERB Decision

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Perc Vol: 21
Perc Index: 28120

Decision Headnotes

408.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS
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.