Decision 1297S – State of California (Department of Corrections)

SA-CE-1065-S

Decision Date: October 22, 1998

Decision Type: PERB Decision

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Perc Vol: 23
Perc Index: 30010

Decision Headnotes

408.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS
408.01000 – In General

Although representation is denied if a union representative present at a meeting is prohibited from speaking, representative was not attempting to represent employee while attempting to ask questions. The main focus of the questions was a potential unilateral change, not the issue raised by the employer during the meeting.

408.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS
408.03000 – Investigatory Interviews

Although representation is denied if a union representative present at a meeting is prohibited from speaking, representative was not attempting to represent employee while attempting to ask questions. The main focus of the questions was a potential unilateral change, not the issue raised by the employer during the meeting.