Decision 1871H – Trustees of the California State University

LA-CE-901-H

Decision Date: December 28, 2006

Decision Type: PERB Decision

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Perc Vol: 31
Perc Index: 35

Decision Headnotes

603.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; BYPASSING EXCLUSIVE REP
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

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.