Decision 2119M – County of Riverside

LA-CE-443-M; LA-CE-447-M; LA-CE-482-M

Decision Date: June 24, 2010

Decision Type: PERB Decision

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Perc Vol: 34
Perc Index: 108

Decision Headnotes

400.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; EMPLOYER INTERFERENCE WITH, RESTRAINT, OR COERCION OF EMPLOYEES
400.01000 – In General; Standards

County officials’ statements to union representatives that union’s efforts to organize the County’s temporary program employees would be futile interfered with union’s right to represent employees. Statements did not interfere with employee rights because they were made in private meetings at which no employees were present and record did not establish that statements were conveyed to any employee. County supervisors’ statements during public meeting that County would consider elimination of temporary employee program if union continued its efforts to organize temporary program employees interfered with employee and union rights by discouraging further organizing efforts.

404.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; STATEMENTS, MEETINGS, NOTICES, AND LEAFLETS
404.01000 – In General

County officials’ statements to union representatives that union’s efforts to organize the County’s temporary program employees would be futile interfered with union’s right to represent employees. Statements did not interfere with employee rights because they were made in private meetings at which no employees were present and record did not establish that statements were conveyed to any employee. County supervisors’ statements during public meeting that County would consider elimination of temporary employee program if union continued its efforts to organize temporary program employees interfered with employee and union rights by discouraging further organizing efforts.

404.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; STATEMENTS, MEETINGS, NOTICES, AND LEAFLETS
404.02000 – Statements

County officials’ statements to union representatives that union’s efforts to organize the County’s temporary program employees would be futile interfered with union’s right to represent employees. Statements did not interfere with employee rights because they were made in private meetings at which no employees were present and record did not establish that statements were conveyed to any employee. County supervisors’ statements during public meeting that County would consider elimination of temporary employee program if union continued its efforts to organize temporary program employees interfered with employee and union rights by discouraging further organizing efforts.

405.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; THREATS OR PROMISES
405.01000 – In General

County threatened to consider elimination of its temporary employee program if union continued its efforts to organize temporary program employees.

405.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; THREATS OR PROMISES
405.02000 – Express or Implied Threats

County threatened to consider elimination of its temporary employee program if union continued its efforts to organize temporary program employees.

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

County supervisors’ statements during public meeting that County would consider elimination of temporary employee program if union efforts to organize temporary employees continued was not protected free speech because supervisors’ predictions of increased cost of program were not based on objective fact and cost was within County’s control.

1309.00000 – REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200)
1309.01000 – In General/Definition of Appropriate Unit

When evaluating whether a local agency has determined an appropriate bargaining unit under local rules adopted pursuant to the MMBA, PERB considers whether the agency’s determination was reasonable. If reasonable minds could differ over the appropriateness of the determination, PERB should not substitute its judgment for that of the local agency. PERB deferred to local agency’s unit determination when some community of interest factors weighed in favor of the proposed unit and some weighed against it.

1309.00000 – REPRESENTATION ISSUES; UNIT DETERMINATION/CRITERIA (SEE ALSO WHO IS AN EMPLOYEE?, SECTION 200)
1309.03000 – Community of Interest

PERB deferred to local agency’s determination that employees in proposed unit lacked a community of interest when some factors weighed in favor of the proposed unit and some weighed against it.