Decision 1658H – Trustees of the California State University

LA-CE-723-H

Decision Date: July 13, 2004

Decision Type: PERB Decision

Description:  Union alleged university violated HEERA by unilaterally implementing change in reporting of improper governmental activities and policy that fails to inform employees of Weingarten rights.

Disposition:  Board dismissed charge as university’s policy was not a change from past practice since nothing in policy conflicted with past practice or contract.  Employer policy that fails to inform employees of Weingarten rights is not unlawful since nothing mandates that an employer affirmatively inform employees of right to representation.

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Perc Vol: 28
Perc Index: 199

Decision Headnotes

408.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS
408.01000 – In General

Employer policy that fails to inform employees of Weingarten rights is not unlawful since nothing mandates that an employer affirmatively inform employees of right to representation.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.06000 – Change in Past Practice

University’s policy on reporting improper governmental activities was not change from past practice since nothing in the policy conflicted with past practice or the contract.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.01000 – In General/Prima Facie Case

Without specific facts, it has not been demonstrated that a change occurred.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.08000 – Pleading Requirements

Without specific facts, it has not been demonstrated that a change occurred.