Decision 1361E – Lake Tahoe Unified School District

SA-CE-1896

Decision Date: December 1, 1999

Decision Type: PERB Decision

Description: The Board affirmed a partial dismissal of the charge, which alleged that the Lake Tahoe Unified School District violated EERA when it engaged in surveillance of the Association’s executive board meetings and refused to provide requested information.

Disposition: Partial dismissal. No evidence District obtained documents unlawfully.

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Perc Vol: 24
Perc Index: 31017

Decision Headnotes

403.00000 – EMPLOYER INTERFERENCE; RESTRAINT, COERCION; SURVEILLANCE
403.01000 – In General; Unlawful Surveillance

The National Labor Relations Board has generally found that an employer has engaged in unlawful surveillance when the employer photographs or videotapes employees or openly engages in record keeping of employees participating in union activities; p. 2, warning letter. Unlawful surveillance of union activities was not demonstrated where the District was given copies of union meeting minutes and a fax by bargaining unit members, and inadvertently obtained a letter intended for the union president; p. 3, partial dismissal letter. There was no evidence in the charge that the District unlawfully obtained the documents described in the charge and therefore the NLRB cases where employers had unlawfully obtained information are distinguished; p. 3, partial dismissal letter.

403.00000 – EMPLOYER INTERFERENCE; RESTRAINT, COERCION; SURVEILLANCE
403.05000 – Information Sought or Obtained by Informants

The National Labor Relations Board has generally found that an employer has engaged in unlawful surveillance when the employer photographs or videotapes employees or openly engages in record keeping of employees participating in union activities; p. 2, warning letter. Unlawful surveillance of union activities was not demonstrated where the District was given copies of union meeting minutes and a fax by bargaining unit members, and inadvertently obtained a letter intended for the union president; p. 3, partial dismissal letter. There was no evidence in the charge that the District unlawfully obtained the documents described in the charge and therefore the NLRB cases where employers had unlawfully obtained information are distinguished; p. 3, partial dismissal letter.