Decision 2058M – San Bernardino County Public Defender
Decision Date: September 3, 2009
Decision Type: PERB Decision
Perc Vol: 33
Perc Index: 148
408.01000 – In General
An employee who is required to attend an investigatory interview is entitled to union representation if the employee has a reasonable basis to believe discipline may result from the meeting. In order to establish a violation of this 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.
408.03000 – Investigatory Interviews
In order to establish a violation of a charging party’s right to union representation, the charging party must establish, among other things, that the meeting for which representation was requested was investigatory in nature.
504.14000 – Other/In General
Timing alone is insufficient to establish a nexus between protected activity and adverse action. Though the charge established timing, it failed to allege additional facts showing the required nexus.