Decision 1278E – Long Beach Community College District (California School Employees Association)

LA-CE-3824

Decision Date: August 14, 1998

Decision Type: PERB Decision

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Perc Vol: 22
Perc Index: 29147

Decision Headnotes

401.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS
401.02000 – Discrimination Favoring Organization Over Another

Where employer included rival employee organization's severance presentation on the official schedule for a week of mandatory peace officer training on the day before window period began, the Board found that the employer's actions gave the impression that the severance presentation was part of the mandatory training or, at the very least, that the employer supported the severance presentation, in violation of employer's duty of strict neutrality; p. 9. Employer statement that decertification presentation was voluntary was insufficient to undo the effects of the employer's decision to place the decertification presentation on the schedule for mandatory in- service training. Employer made statement just before the start of the decertification presentation but made no effort to retract the offending training schedule and took no other action to assuage the appearance that is supported the decertification effort; pp. 10-11. offending training schedule and took no other action to assuage the appearance that is supported the decertification effort; pp. 10-11.

404.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; STATEMENTS, MEETINGS, NOTICES, AND LEAFLETS
404.01000 – In General

Where employer included rival employee organization's severance presentation on the official schedule for a week of mandatory peace officer training on the day before window period began, the Board found that the employer's actions gave the impression that the severance presentation was part of the mandatory training or, at the very least, that the employer supported the severance presentation, in violation of employer's duty of strict neutrality; p. 9. Employer statement that decertification presentation was voluntary was insufficient to undo the effects of the employer's decision to place the decertification presentation on the schedule for mandatory in- service training. Employer made statement just before the start of the decertification presentation but made no effort to retract the offending training schedule and took no other action to assuage the appearance that it supported the decertification effort; pp. 10-11. offending training schedule and took no other action to assuage the appearance that it supported the decertification effort; pp. 10-11.

404.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; STATEMENTS, MEETINGS, NOTICES, AND LEAFLETS
404.03000 – Literature and Posting of Notices; Pictures; Anti-Union Petitions

Where employer included rival employee organization's severance presentation on the official schedule for a week of mandatory peace officer training on the day before window period began, the Board found that the employer's actions gave the impression that the severance presentation was part of the mandatory training, or at the very least, that the employer supported the severance presentation, in violation of employer's duty of strict neutrality; p. 9. Employer statement that decertification presentation was voluntary was insufficient to undo the effects of the employer's decision to place the decertification presentation on the schedule for mandatory in- service training. Employer made statement just before the start of the decertification presentation but made no effort to retract the offending training schedule and took no other action to assuage the appearance that it supported the decertification effort; pp. 10-11. offending training schedule and took no other action to assuage the appearance that it supported the decertification effort; pp. 10-11.

404.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; STATEMENTS, MEETINGS, NOTICES, AND LEAFLETS
404.04000 – Meetings

Where employer included rival employee organization's severance presentation on the official schedule for a week of mandatory peace officer training on the day before window period began, the Board found that the employer's actions gave the impression that the severance presentation was part of the mandatory training or, at the very least, that the employer supported the severance presentation, in violation of employer's duty of strict neutrality; p. 9. Employer statement that decertification presentation was voluntary was insufficient to undo the effects of the employer's decision to place the decertification presentation on the schedule for mandatory in- service training. Employer made statement just before the start of the decertification presentation but made no effort to retract the offending training schedule and took no other action to assuage the appearance that it supported the decertification effort; pp. 10-11. offending training schedule and took no other action to assuage the appearance that it supported the decertification effort; pp. 10-11.

407.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH DECERTIFICATION OR RIVAL UNION PETITION
407.04000 – Employer Favoritism/Absence of Strict Neutrality

Where employer included rival employee organization's severance presentation on the official schedule for a week of mandatory peace officer training on the day before window period began, the Board found that the employer's actions gave the impression that the severance presentation was part of the mandatory training or, at the very least, that the employer supported the severance presentation, in violation of employer's duty of strict neutrality; p. 9. Employer statement that decertification presentation was voluntary was insufficient to undo the effects of the employer's decision to place the decertification presentation on the schedule for mandatory in- service training. Employer made statement just before the start of the decertification presentation but made no effort to retract the offending training schedule and took no other action to assuage the appearance that it supported the decertification effort; pp. 10-11. offending training schedule and took no other action to assuage the appearance that it supported the decertification effort; pp. 10-11.

409.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; DEFENSES
409.03000 – Discontinuance of Illegal Activity; Retraction; Repudiation; Public Disavowal

Employer statement that decertification presentation was voluntary was insufficient to undo the effects of the employer's decision to place the decertification presentation on the schedule for mandatory in- service training. Employer made statement just before the start of the decertification presentation but made no effort to retract the offending training schedule and took no other action to assuage the appearance that it supported the decertification effort; pp. 10-11.

409.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; DEFENSES
409.05000 – Union Consent or Waiver

Exclusive representative's failure to request placement on official schedule for mandatory in-service training does not excuse employer's decision to place rival employee organization on official schedule, citing Regents of the University of California v. Public Employment Relations Bd. (1986) 177 Cal.App.3d 648, 655 [223 Cal.Rptr. 127]; p. 3, fn. 4.

700.00000 – EMPLOYER DOMINATION OR ASSISTANCE; DOMINATION OF OR ASSISTANCE TO LABOR ORGANIZATIONS
700.07000 – Favoritism; Contract Ban on Distribution or Solicitation; Unequal Treatment of Unions; Preferential Access; Duty of Strict Neutrality

Where employer included rival employee organization's severance presentation on the official schedule for a week of mandatory peace officer training on the day before window period began, the Board found that the employer's actions gave the impression that the severance presentation was part of the mandatory training or, at the very least, that the employer supported the severance presentation, in violation of employer's duty of strict neutrality; p. 9. Employer statement that decertification presentation was voluntary was insufficient to undo the effects of the employer's decision to place the decertification presentation on the schedule for mandatory in- service training. Employer made statement just before the start of the decertification presentation but made no effort to retract the offending training schedule and took no other action to assuage the appearance that it supported the decertification effort; pp. 10-11. offending training schedule and took no other action to assuage the appearance that it supported the decertification effort; pp. 10-11.

700.00000 – EMPLOYER DOMINATION OR ASSISTANCE; DOMINATION OF OR ASSISTANCE TO LABOR ORGANIZATIONS
700.08000 – Bulletin Board Use; Notice of Meetings

Where employer included rival employee organization's severance presentation on the official schedule for a week of mandatory peace officer training on the day before window period began, the Board found that the employer's actions gave the impression that the severance presentation was part of the mandatory training or, at the very least, that the employer supported the severance presentation, in violation of employer's duty of strict neutrality; p. 9. Employer statement that decertification presentation was voluntary was insufficient to undo the effects of the employer's decision to place the decertification presentation on the schedule for mandatory in- service training. Employer made statement just before the start of the decertification presentation but made no effort to retract the offending training schedule and took no other action to assuage the appearance that is supported the decertification effort; pp. 10-11. offending training schedule and took no other action to assuage the appearance that is supported the decertification effort; pp. 10-11.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.02000 – Weight Given to ALJ’s Proposed Decision: Findings, Conclusions, Credibility Resolutions

Because ALJs sit in a better position to observe the demeanor of witnesses, the Board generally defers to its ALJs' credibility determinations; p. 10.