Decision 2465S – State of California (California Correctional Health Care Services)
Decision Date: December 30, 2015
Decision Type: PERB Decision
Description: The complaint alleged that the State violated the Dills Act when it interfered with the right of an employee to be represented by his exclusive representative at a meeting to present and discuss his performance evaluation and a counseling memorandum; and interfered with the corresponding right of the exclusive representative to represent its members.
Disposition: The ALJ concluded that the State did not interfere with employee rights by failing to permit the attendance of a union representative at the performance evaluation meeting, but did interfere with employee rights by issuing an overbroad directive to cease sending e-mails to other employees. The Board affirmed, holding that the State’s issuance of an overbroad directive was unlawful.
Perc Vol: 40
Perc Index: 110
404.02000 – Statements
Employer violated the Dills Act by issuance of an overbroad directive to an employee to cease sending e-mails to other nurses.
1205.03000 – Notices; Posting, Reading, and Mailing
Posting copies of the remedial order in unfair practice cases effectuates the policies and purposes of California’s labor relations statutes; where the violation to be remedied does not involve contract language applicable to the entire bargaining unit, and the only employees affected by the Board’s decision are those located at a specific site where the violation occurred, it is appropriate to order respondent to post notice at locations where notices to those employees are customarily posted; a broader system-wide or unit-wide notice may be warranted where the violation to be remedied concerns contract language applicable to the entire bargaining unit whose members are employed on a system-wide basis; the scope of notice is to be determined based on the facts of the case on a case-by-case basis.