Decision 1935E – Los Banos Unified School District
SA-CE-2421-E
Decision Date: December 21, 2007
Decision Type: PERB Decision
Perc Vol: 32
Perc Index: 17
Decision Headnotes
408.01000 – In General
Employees are entitled to union representation for investigatory interviews. In order to establish a violation of the right, the charging party must demonstrate: (a) the employee requested representation; (b) for an investigatory meeting; (c) which the employee reasonably believed might result in disciplinary action; and (d) the employer denied the request. The key inquiry is whether the interview was investigatory and of the type that might lead to disciplinary action. Although an employee is entitled to union representation for investigatory interviews, the employee is not entitled to demand a specific union representative.
408.03000 – Investigatory Interviews
Employees are entitled to union representation for investigatory interviews. In order to establish a violation of the right, the charging party must demonstrate: (a) the employee requested representation; (b) for an investigatory meeting; (c) which the employee reasonably believed might result in disciplinary action; and (d) the employer denied the request. The key inquiry is whether the interview was investigatory and of the type that might lead to disciplinary action. Although an employee is entitled to union representation for investigatory interviews, the employee is not entitled to demand a specific union representative.
1100.02000 – Investigation of Charge
Where charging party fails to allege that any specific section of the Government Code has been violated, a Board agent, upon a review of the charge, may determine under what section the charge should be analyzed.
1100.08000 – Pleading Requirements
Where charging party fails to allege that any specific section of the Government Code has been violated, a Board agent, upon a review of the charge, may determine under what section the charge should be analyzed.