Decision 1871H – Trustees of the California State University

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.”

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.