Decision 2282S – State of California (Department of Corrections and Rehabilitation)
Decision Date: August 21, 2012
Decision Type: PERB Decision
Description: ALJ ruled that State of California (Department of Corrections & Rehabilitation) (CDCR) violated the Dills Act when it retaliated against a union job steward by disciplining an employee for her conduct engaged in while representing bargaining unit members.
Disposition: ALJ decision affirmed. The Board held that job steward’s speech and actions did not exceed the bounds of statutory protection and CDCR was motivated to discipline job steward because of her protected representational activity
Perc Vol: 37
Perc Index: 55
300.13000 – Holding Union Office
Shop steward is entitled to significant latitude in representational speech and conduct and may not be disciplined for perceived disrespectful speech unless the speech or conduct causes a substantial disruption or material interference in the workplace.
300.15000 – Speech
Steward’s dismissive gesture towards a supervisor in the course of her representational activities was protected speech and conduct. Party representatives are accorded significant latitude in their representational speech and conduct. Employee speech and conduct are protected under the Dills Act when related to matters of legitimate concern to employees. Discipline for such speech is appropriate only when the employer demonstrates that the speech or action was so disruptive as to lose its presumptively protected status.