Decision 1871H – Trustees of the California State University
LA-CE-901-H
Decision Date: December 28, 2006
Decision Type: PERB Decision
Perc Vol: 31
Perc Index: 35
Decision Headnotes
603.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; BYPASSING EXCLUSIVE REP
603.01000 – In General
603.01000 – In General
Under the free speech provision in HEERA sec. 3571.3, employers are allowed to communicate directly with bargaining unit members as long as the communication does not contain a “threat of reprisal, force, or promise of benefit.” The two emails from CSU management to every Chief of Police in the CSU system did not contain a “threat of reprisal, force, or promise of benefit.”
603.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; BYPASSING EXCLUSIVE REP
603.04000 – Circumvention of Union; Direct Dealing With Employees
603.04000 – Circumvention of Union; Direct Dealing With Employees
The two emails from CSU management to every Chief of Police in the CSU system did not violate the prohibition on “direct dealing” because they did not communicate new proposals to the employees or otherwise undermine the representative’s exclusive authority.