Decision 2164M – West Contra Costa County Healthcare District

SF-CE-691-M

Decision Date: February 24, 2011

Decision Type: PERB Decision

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Perc Vol: 35
Perc Index: 45

Decision Headnotes

201.00000 – PARTIES; DEFINITIONS; WHO IS AN EMPLOYER?
201.01000 – In General

Apparent authority requires a showing of facts to indicate that the actions of the employer created a reasonable basis for employees to believe that employer authorized employee to act on its behalf. The mere fact that lead worker had authority to perform some supervisory duties was insufficient to establish that lead worker had apparent authority to act on behalf of the employer in circulating a petition seeking to restrict union’s access to bargaining unit employees.

201.00000 – PARTIES; DEFINITIONS; WHO IS AN EMPLOYER?
201.02000 – Agents (See also 1400)

Apparent authority requires a showing of facts to indicate that the actions of the employer created a reasonable basis for employees to believe that employer authorized employee to act on its behalf. The mere fact that lead worker had authority to perform some supervisory duties was insufficient to establish that lead worker had apparent authority to act on behalf of the employer in circulating a petition seeking to restrict union’s access to bargaining unit employees.

700.00000 – EMPLOYER DOMINATION OR ASSISTANCE; DOMINATION OF OR ASSISTANCE TO LABOR ORGANIZATIONS
700.01000 – In General

To state a prima facie case of unlawful domination or interference, the charging party must allege facts that demonstrate that the employer’s conduct tends to interfere with the internal activities of an employee organization or tends to influence the choice between employee organizations. Proof that an employer intended to unlawfully dominate, assist or influence employees’ free choice is not required, nor is it necessary to prove that employees actually changed membership as a result of the employer’s act.

700.00000 – EMPLOYER DOMINATION OR ASSISTANCE; DOMINATION OF OR ASSISTANCE TO LABOR ORGANIZATIONS
700.07000 – Favoritism; Contract Ban on Distribution or Solicitation; Unequal Treatment of Unions; Preferential Access; Duty of Strict Neutrality

To state a prima facie case of unlawful domination or interference, the charging party must allege facts that demonstrate that the employer’s conduct tends to interfere with the internal activities of an employee organization or tends to influence the choice between employee organizations. The mere fact that lead worker had authority to perform some supervisory duties was insufficient to establish that lead worker had apparent authority to act on behalf of the employer in circulating a petition seeking to restrict union’s access to bargaining unit employees. Employee’s own knowledge and approval of petition is insufficient to impute knowledge and approval of conduct to the employer.

1400.00000 – GENERAL LEGAL PRINCIPLES; AGENCY
1400.01000 – In General

Apparent authority requires a showing of facts to indicate that the actions of the employer created a reasonable basis for employees to believe that employer authorized employee to act on its behalf in circulating a petition seeking to restrict union’s access to bargaining unit employees.

1400.00000 – GENERAL LEGAL PRINCIPLES; AGENCY
1400.02000 – Employer Responsibility

The mere fact that lead worker had authority to perform some supervisory duties was insufficient to establish that lead worker had apparent authority to act on behalf of the employer in circulating a petition seeking to restrict union’s access to bargaining unit employees. Employee’s own knowledge and approval of petition is insufficient to impute knowledge and approval of conduct to the employer.