Decision 1279S – State of California (Departments of Personnel Administration, et al. * * * OVERRULED IN PART by Napa Valley Community College District (2018) PERB Decision No. 2563

SA-CE-824-S

Decision Date: August 21, 1998

Decision Type: PERB Decision

 * * * OVERRULED IN PART by Napa Valley Community College District (2018) PERB Decision No. 2563 * * *

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Perc Vol: 22
Perc Index: 29148

Decision Headnotes

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.03000 – Computation of Six-Month Period

For a unilateral change, knowledge of a policy for one type of communication does not establish notice for another type of communication. Notice of a unilateral change at one department of the State does not constitute notice for any other department.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.04000 – Continuing Violation

Employer's continuing toleration for use of e-mail, fax and computers for non-business, non-union purposes while prohibiting non-business union use is a continuing violation for purposes of the interference allegation.

201.00000 – PARTIES; DEFINITIONS; WHO IS AN EMPLOYER?
201.01000 – In General

Notice of a unilateral change at one department of the State does not constitute notice for any other department.

401.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS
401.04000 – Access – Union Right

State agency violated the Dills Act when it adopted a policy that allows employees to use the State's electronic mail system for minimal amounts of personal communication so long as the subject of the communication does not pertain to employee organization matters. State agencies violated the Dills Act by discriminatorily applying facially neutral policies in a way that prohibits communication about employee organization business while permitting other personal communication. These discriminatory actions interfered with the rights of employees to participate in the activities of employee organizations and the right of CSEA to communicate with its members. Access rights not described in the statute become available to a union in 2 circumstances: (1) usual means of communication are ineffective or unreasonably difficult; or (2) employers prohibition on access is discriminatory on its face or as applied. Once an employer has opened or unreasonably difficult; or (2) employers prohibition on access is discriminatory on its face or as applied. Once an employer has opened involving union activities.

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

State agency violated the Dills Act when it adopted a policy that allows employees to use the State's electronic mail system for minimal amounts of personal communication so long as the subject of the communication does not pertain to employee organization matters. Access rights not described in the statute become available to a union in 2 circumstances: (1) usual means of communication are ineffective or unreasonably difficult; or (2) employers prohibition on access is discriminatory on its face or as applied. Once an employer has opened a forum for non-business communication, it cannot prohibit employees from using the same forum for a similar level of communication involving union activities.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.02000 – Prior Notice and Opportunity to Bargain

Notice of a unilateral change at one department of the State does not constitute notice for any other department.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.06000 – Change in Past Practice

Charging party did not establish past practice where employees used e-mail system but didn't demonstrate employer was aware of the use.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.05000 – Past Practice; Maintenance of Status Quo

Charging Party did not establish past practice where employees used e-mail system but didn't demonstrate employer was aware of the use.