Decision 1245S – State of California (Department of Corrections) (International Union of Operating Engineers)
SA-CE-1033-S
Decision Date: January 28, 1998
Decision Type: PERB Decision
Description: Union appealed dismissal of unfair practice charge alleging State violated Dills Act by denying employee union representation at a meeting with management.
Disposition: Dismissed. Union failed to demonstrate employee had right to representation at meeting.
Perc Vol: 22
Perc Index: 29046
Decision Headnotes
408.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS
408.05000 – Other Circumstances
408.05000 – Other Circumstances
Employees have the right to union representation at disciplinary and investigatory interviews or in highly unusual circumstances. Right to representation does not exist for corrective discussions in which the only question asked by the supervisor was a rhetorical one; p. 2, warning letter.