Decision 1308S – State of California (Department of Corrections)
LA-CE-482-S
Decision Date: January 27, 1999
Decision Type: PERB Decision
Description: Union appealed Board agent’s dismissal of unfair practice charge against the State for interfering with the administration of the Union and thereby violating the Dills Act.
Disposition: Dismissed. Union failed to establish prima facie case of interference or domination.
Perc Vol: 23
Perc Index: 30046
Decision Headnotes
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.
700.01000 – 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.