Decision 1355S – California State Employees Association (Hutchinson)

SF-CO-39-S

Decision Date: October 7, 1999

Decision Type: PERB Decision

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Perc Vol: 23
Perc Index: 30177

Decision Headnotes

405.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; THREATS OR PROMISES
405.01000 – In General

Statements of intentions to pursue legal remedies is protected speech and do not constitute an illegal threat; p. 6, warning letter.

409.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; DEFENSES
409.06000 – Free Speech

Statements of intentions to pursue legal remedies is protected speech and do not constitute an illegal threat; p. 6, warning letter.

800.00000 – UNION UNFAIR PRACTICES; DUTY OF FAIR REPRESENTATION
800.06000 – Other

To demonstrate that an exclusive representative discriminated against a charging party in violation of Dills Act section 3519.5(b), the charging party must show that: (1) the unit member exercised rights under the Dills Act; (2) the exclusive representative had knowledge of the exercise of those rights; and (3) the exclusive representative imposed or threatened to impose reprisals, discriminated or threatened to discriminate or otherwise interfered with, restrained or coerced the unit member because of the exercise of those rights, citing Novato; pp. 5-6, warning letter.

801.00000 – UNION UNFAIR PRACTICES;RESTRAINT, COERCION, INTERFERENCE OR DISCRIMINATION
801.05000 – Union Threats; Violence

Statements of intentions to pursue legal remedies is protected speech and do not constitute an illegal threat; p. 6, warning letter.

805.00000 – UNION UNFAIR PRACTICES; CAUSING EMPLOYER TO VIOLATE ACT
805.01000 – In General

In this case the charge failed to provide sufficient allegations demonstrating that the Association orchestrated or caused the employer to terminate the charging party. There is no direct evidence that the employer's action was in response to a request or demand from the association, and the circumstantial evidence is too weak to support an inference that such occurred; pp. 4-5, warning letter.

806.00000 – UNION UNFAIR PRACTICES; DEFENSES
806.04000 – Free Speech

Statements of intentions to pursue legal remedies is protected speech and do not constitute an illegal threat; p. 6, warning letter.