Decision 2024S – State of California (Department of Corrections and Rehabilitation)

SA-CE-1696-S

Decision Date: May 13, 2009

Decision Type: PERB Decision

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Perc Vol: 33
Perc Index: 86

Decision Headnotes

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.04000 – Individual/Concerted/Activities/Self-Representation

For the purposes of establishing a prima facie case of discrimination in violation of the Dills Act, the distribution of information to bargaining unit members that impacts the employer-employee relationship constitutes protected conduct.

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.06000 – Demands for Change in Working Conditions

For the purposes of establishing a prima facie case of discrimination in violation of the Dills Act, the distribution of information to bargaining unit members that impacts the employer-employee relationship constitutes protected conduct.

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.17000 – Other

For the purposes of establishing a prima facie case of discrimination in violation of the Dills Act, the distribution of information to bargaining unit members that impacts the employer-employee relationship constitutes protected conduct.

409.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; DEFENSES
409.06000 – Free Speech

An employer may communicate with its employees about labor relations matters provided the communication does not contain a promise of benefit or a threat of reprisal or force. The Board uses an objective standard when assessing employer communication and considers the overall context to determine if the statements have a coercive meaning.

501.00000 – EMPLOYER DISCRIMINATION; DISCRIMINATION
501.01000 – In General; Elements of Prima Facie Case

To demonstrate a violation of Dills Act section 3519(a), the charging party must show that: (1) the employee exercised rights under the Dills Act; (2) the employer had knowledge of the exercise of those rights; and (3) the employer imposed or threatened to impose reprisals, discriminated or threatened to discriminate, or otherwise interfered with, restrained, or coerced the employees because of the exercise of those rights.

503.00000 – EMPLOYER DISCRIMINATION; ADVERSE ACTIONS
503.01000 – In General

Evidence of adverse action is also required to support a claim of discrimination or reprisal. In determining whether such evidence is established, the Board uses an objective test and will not rely upon the subjective reactions of the employee. The test which must be satisfied is not whether the employee found the employer's action to be adverse, but whether a reasonable person under the same circumstances would consider the action to have an adverse impact on the employee's employment.