Decision 1508E – San Marcos Unified School District
LA-CE-4214-E
Decision Date: January 16, 2003
Decision Type: PERB Decision
Perc Vol: 27
Perc Index: 27
Decision Headnotes
300.15000 – Speech
Non-disruptive informational picketing is protected activity under EERA; it is a collective activity both constitutionally protected and long recognized in foundational labor law to be intimately related to the ability of employees to engage in union activities, a right literally conferred by the text of EERA. The Board need not and does not speculate regarding the status or definition of other forms of picketing under EERA.
300.17000 – Other
Non-disruptive informational picketing is protected activity under EERA; it is a collective activity both constitutionally protected and long recognized in foundational labor law to be intimately related to the ability of employees to engage in union activities, a right literally conferred by the text of EERA. The Board need not and does not speculate regarding the status or definition of other forms of picketing under EERA.
302.01000 – In General
Non-disruptive informational picketing is protected activity under EERA; it is a collective activity both constitutionally protected and long recognized in foundational labor law to be intimately related to the ability of employees to engage in union activities, a right literally conferred by the text of EERA. The Board need not and does not speculate regarding the status or definition of other forms of picketing under EERA.
400.01000 – In General; Standards
District’s threat to discontinue dues deductions unlawfully interfered with both employee rights and union rights.
405.01000 – In General
District unlawfully interfered with protected rights by threatening to discipline employees who engaged in non-disruptive informational picketing. District’s threat to discontinue dues deductions unlawfully interfered with both employee rights and union rights.
405.02000 – Express or Implied Threats
District unlawfully interfered with protected rights by threatening to discipline employees who engaged in non-disruptive informational picketing. District’s threat to discontinue dues deductions unlawfully interfered with both employee rights and union rights.
406.01000 – In General
District unlawfully interfered with protected rights by threatening to discipline employees who engaged in non-disruptive informational picketing.
409.05000 – Union Consent or Waiver
Contract provision prohibiting “picketing,” without differentiating between forms of picketing, is insufficient to constitute a clear and unmistakable waiver if the EERA-protected right to engage in non-disruptive informational picketing. Statutorily and constitutionally protected rights – such as the right to engage in non-disruptive informational picketing, can only be divested, by employees or their exclusive representatives, through a “clear and unmistakable waiver.”
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession
Contract provision prohibiting “picketing,” without differentiating between forms of picketing, is insufficient to constitute a clear and unmistakable waiver if the EERA-protected right to engage in non-disruptive informational picketing. Statutorily and constitutionally protected rights – such as the right to engage in non-disruptive informational picketing, can only be divested, by employees or their exclusive representatives, through a “clear and unmistakable waiver.”
1402.02000 – Union’s Waiver of Employee or Organizational Rights
Contract provision prohibiting “picketing,” without differentiating between forms of picketing, is insufficient to constitute a clear and unmistakable waiver if the EERA-protected right to engage in non-disruptive informational picketing. Statutorily and constitutionally protected rights – such as the right to engage in non-disruptive informational picketing, can only be divested, by employees or their exclusive representatives, through a “clear and unmistakable waiver.”
1402.03000 – By Contract/Zipper Clauses/Management Rights Clauses
Contract provision prohibiting “picketing,” without differentiating between forms of picketing, is insufficient to constitute a clear and unmistakable waiver if the EERA-protected right to engage in non-disruptive informational picketing. Statutorily and constitutionally protected rights – such as the right to engage in non-disruptive informational picketing, can only be divested, by employees or their exclusive representatives, through a “clear and unmistakable waiver.”