Decision 2282S – State of California (Department of Corrections and Rehabilitation)

SA-CE-1795-S

Decision Date: August 21, 2012

Decision Type: PERB Decision

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Decision Headnotes

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
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.

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
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.