Decision 1905M – City of Porterville * * * OVERRULED IN PART by Grossmont Union High School District (2010) PERB Decision No. 2126

SA-CE-164-M

Decision Date: May 10, 2007

Decision Type: PERB Decision

 * * * OVERRULED IN PART by Grossmont Union High School District (2010) PERB Decision No. 2126 * * *

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Perc Vol: 31
Perc Index: 98

Decision Headnotes

401.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS
401.04000 – Access – Union Right

The MMBA authorizes the City to adopt its own reasonable access rules. This provision gives the City a measure of discretion in drafting its own access policy. Denial of access was justified by legitimate business reasons because the union representative had not requested consent according to the City’s access policy, and had sought access to a work area during work time.

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

The MMBA provides a claim for interference with employee organization rights.

1405.00000 – GENERAL LEGAL PRINCIPLES; COLLATERAL ESTOPPEL; RES JUDICATA
1405.01000 – In General

Res judicata barred the addition of a claim (not alleged in the complaint) during the hearing where the same incident formed the basis of a prior unfair practice charge alleging the same cause of action on the same facts, which was dismissed by the Board agent, and the prior dismissal was not appealed.