Decision 1308S – State of California (Department of Corrections)

LA-CE-482-S

Decision Date: January 27, 1999

Decision Type: PERB Decision

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Perc Vol: 23
Perc Index: 30046

Decision Headnotes

401.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS
401.01000 – In General; Prima Facie Case.

The threshold test in analyzing allegations of violations of section 3519(d) is "whether the employer's conduct tends to influence [free] choice or provide stimulus in one direction or another," citing Santa Monica Community College District (1979) PERB Decision No. 103; or interferes with the formation or administration of the union; p. 3, warning letter. Section 3519(d) does not address interference with union activities or discrimination based on protected activities; p. 3, warning letter.

700.00000 – EMPLOYER DOMINATION OR ASSISTANCE; DOMINATION OF OR ASSISTANCE TO LABOR ORGANIZATIONS
700.01000 – In General

The threshold test in analyzing allegations of violations of section 3519(d) is "whether the employer's conduct tends to influence [free] choice or provide stimulus in one direction or another," citing Santa Monica Community College District (1979) PERB Decision No. 103; or interferes with the formation or administration of the union; p. 3, warning letter. Section 3519(d) does not address interference with union activities or discrimination based on protected activities; p. 3, warning letter.