Decision 1871H – Trustees of the California State University
LA-CE-901-H
Decision Date: December 28, 2006
Decision Type: PERB Decision
Description: The charge alleged that two emails from CSU management to every Chief of Police in the CSU system violated the prohibition on “direct dealing” under HEERA.
Disposition: The Board dismissed the charge because the emails did not communicate new proposals to the employees or otherwise undermine the representative’s exclusive authority, and did not contain a “threat of reprisal, force, or promise of benefit.”
Perc Vol: 31
Perc Index: 35
Decision Headnotes
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.”
603.04000 – 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.