Decision 2393M – County of Sacramento

SA-CE-787-M

Decision Date: October 16, 2014

Decision Type: PERB Decision

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Perc Vol: 39
Perc Index: 54

Decision Headnotes

100.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; OPERATION OF EERA, DILLS (SEERA), HEERA
100.02000 – Retroactive Application

Because the Board’s decision does not change a settled rule, overturn prior precedent or a longstanding and widespread practice expressly approved in prior precedent, but instead decides a legal question by elucidating and applying prior precedent, the Board decision is given retroactive effect.

401.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS
401.07000 – Display of Union Insignia

Absent special circumstances, firefighters have the statutorily protected right under the MMBA to wear public safety uniform apparel (t-shirts and caps) bearing the union logo while on duty; a “no union logo” blanket policy is unlawful because it interferes with firefighters in the exercise of their right to participate in the activities of an employee organization of their own choosing for the purpose of representation on all matters of employer-employee relations.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.09000 – Retroactive Effect of Changes in Board Rulings

Because the Board’s decision does not change a settled rule, overturn prior precedent or a longstanding and widespread practice expressly approved in prior precedent, but instead decides a legal question by elucidating and applying prior precedent, the Board decision is given retroactive effect.