Decision 2522H – Trustees of the California State University
LA-CE-1244-H
Decision Date: March 20, 2017
Decision Type: PERB Decision
Description: The charging party, the exclusive representative of higher education employees, appealed the dismissal of its unfair practice charge which had alleged that an employee had been terminated in retaliation for her protected activity of serving as a witness in support of a fellow employee’s complaint against a supervisor. The charge also alleged that the higher education employer’s acts and omissions constituted unlawful domination or interference with the formation or administration of an employee organization. The Office of the General Counsel dismissed the charge after concluding that it failed to allege sufficient facts to show that participation as a witness in the employer’s non-collectively bargained complaint procedure on behalf of another employee was not protected activity. It did not consider the separate allegation of unlawful domination, or interference with the formation or administration of an employee organization.
Disposition: The Board reversed the dismissal and remanded for further proceedings. After reviewing the charge allegations, the Board determined that the charge included sufficient facts to state a prima facie case of discrimination for protected activity. Because the Office of the General Counsel had not considered the domination or interference allegation, the Board remanded for investigation of this allegation.
Perc Vol: 41
Perc Index: 150
Decision Headnotes
1100.01000 – In General/Prima Facie Case
Although PERB Regulations place no limit on the number of times a charging party may amend its charge before a warning letter issues or before the charge is dismissed, they do not require an investigating Board agent to provide a separate warning letter for each successive amendment to a charge. If, following a warning letter that adequately identifies the deficiencies in a charge, subsequent amendments do not correct those deficiencies, dismissal is appropriate. (PERB Reg. 32620, subd. (d); 32621.) (p. 4.)
1100.02000 – Investigation of Charge
Although PERB Regulations place no limit on the number of times a charging party may amend its charge before a warning letter issues or before the charge is dismissed, they do not require an investigating Board agent to provide a separate warning letter for each successive amendment to a charge. If, following a warning letter that adequately identifies the deficiencies in a charge, subsequent amendments do not correct those deficiencies, dismissal is appropriate. (PERB Reg. 32620, subd. (d); 32621.) (p. 4.)
1100.04000 – Amendments
Although PERB Regulations place no limit on the number of times a charging party may amend its charge before a warning letter issues or before the charge is dismissed, they do not require an investigating Board agent to provide a separate warning letter for each successive amendment to a charge. If, following a warning letter that adequately identifies the deficiencies in a charge, subsequent amendments do not correct those deficiencies, dismissal is appropriate. (PERB Reg. 32620, subd. (d); 32621.) (p. 4.)
1100.05000 – Dismissal of Charge; Appeal
Although PERB Regulations place no limit on the number of times a charging party may amend its charge before a warning letter issues or before the charge is dismissed, they do not require an investigating Board agent to provide a separate warning letter for each successive amendment to a charge. If, following a warning letter that adequately identifies the deficiencies in a charge, subsequent amendments do not correct those deficiencies, dismissal is appropriate. (PERB Reg. 32620, subd. (d); 32621.) (p. 4.)
1100.08000 – Pleading Requirements
Although PERB Regulations place no limit on the number of times a charging party may amend its charge before a warning letter issues or before the charge is dismissed, they do not require an investigating Board agent to provide a separate warning letter for each successive amendment to a charge. If, following a warning letter that adequately identifies the deficiencies in a charge, subsequent amendments do not correct those deficiencies, dismissal is appropriate. (PERB Reg. 32620, subd. (d); 32621.) (p. 4.)
1503.02000 – Regulations Considered (By Number)
Although PERB Regulations place no limit on the number of times a charging party may amend its charge before a warning letter issues or before the charge is dismissed, they do not require an investigating Board agent to provide a separate warning letter for each successive amendment to a charge. If, following a warning letter that adequately identifies the deficiencies in a charge, subsequent amendments do not correct those deficiencies, dismissal is appropriate. (PERB Reg. 32620, subd. (d); 32621.) (p. 4.)
1503.03000 – Regulations Considered (By Number) (Continued)
Although PERB Regulations place no limit on the number of times a charging party may amend its charge before a warning letter issues or before the charge is dismissed, they do not require an investigating Board agent to provide a separate warning letter for each successive amendment to a charge. If, following a warning letter that adequately identifies the deficiencies in a charge, subsequent amendments do not correct those deficiencies, dismissal is appropriate. (PERB Reg. 32620, subd. (d); 32621.) (p. 4.)
1100.01000 – In General/Prima Facie Case
Where case file gave no indication that the domination and interference theory of liability alleged in the charge had been investigated or addressed in a warning letter, Board vacated the dismissal of that allegation and remanded to Office of the General Counsel for further investigation. PERB Regulations prohibit dismissal of any allegation without prior notice to the charging party. (PERB Reg. 32620, subd. (d).) (pp. 18-19.)
1100.02000 – Investigation of Charge
Where case file gave no indication that the domination and interference theory of liability alleged in the charge had been investigated or addressed in a warning letter, Board vacated the dismissal of that allegation and remanded to Office of the General Counsel for further investigation. PERB Regulations prohibit dismissal of any allegation without prior notice to the charging party. (PERB Reg. 32620, subd. (d).) (pp. 18-19.)
1100.04000 – Amendments
Where case file gave no indication that the domination and interference theory of liability alleged in the charge had been investigated or addressed in a warning letter, Board vacated the dismissal of that allegation and remanded to Office of the General Counsel for further investigation. PERB Regulations prohibit dismissal of any allegation without prior notice to the charging party. (PERB Reg. 32620, subd. (d).) (pp. 18-19.)
1100.05000 – Dismissal of Charge; Appeal
Where case file gave no indication that the domination and interference theory of liability alleged in the charge had been investigated or addressed in a warning letter, Board vacated the dismissal of that allegation and remanded to Office of the General Counsel for further investigation. PERB Regulations prohibit dismissal of any allegation without prior notice to the charging party. (PERB Reg. 32620, subd. (d).) (pp. 18-19.)
1100.08000 – Pleading Requirements
Where case file gave no indication that the domination and interference theory of liability alleged in the charge had been investigated or addressed in a warning letter, Board vacated the dismissal of that allegation and remanded to Office of the General Counsel for further investigation. PERB Regulations prohibit dismissal of any allegation without prior notice to the charging party. (PERB Reg. 32620, subd. (d).) (pp. 18-19.)
1503.02000 – Regulations Considered (By Number)
Where case file gave no indication that the domination and interference theory of liability alleged in the charge had been investigated or addressed in a warning letter, Board vacated the dismissal of that allegation and remanded to Office of the General Counsel for further investigation. PERB Regulations prohibit dismissal of any allegation without prior notice to the charging party. (PERB Reg. 32620, subd. (d).) (pp. 18-19.)
1503.03000 – Regulations Considered (By Number) (Continued)
Where case file gave no indication that the domination and interference theory of liability alleged in the charge had been investigated or addressed in a warning letter, Board vacated the dismissal of that allegation and remanded to Office of the General Counsel for further investigation. PERB Regulations prohibit dismissal of any allegation without prior notice to the charging party. (PERB Reg. 32620, subd. (d).) (pp. 18-19.)
300.01000 – In General
The statutory term “employment relations” is broad enough to include an employer’s administrative or non-collectively bargained remedies. Because the statutory rights of an exclusive representative to represent employees extends to an employer’s non-collectively bargained complaint resolution procedures, employees who are represented by the exclusive representative in a non-collectively bargained complaint procedure are engaged in the protected activity of participating in the activities of an employee organization, regardless of the personal or individual nature of the complaint. (pp. 12-13.)
300.04000 – Individual/Concerted/Activities/Self-Representation
The statutory term “employment relations” is broad enough to include an employer’s administrative or non-collectively bargained remedies. Because the statutory rights of an exclusive representative to represent employees extends to an employer’s non-collectively bargained complaint resolution procedures, employees who are represented by the exclusive representative in a non-collectively bargained complaint procedure are engaged in the protected activity of participating in the activities of an employee organization, regardless of the personal or individual nature of the complaint. (pp. 12-13.)
300.05000 – Grievances
The statutory term “employment relations” is broad enough to include an employer’s administrative or non-collectively bargained remedies. Because the statutory rights of an exclusive representative to represent employees extends to an employer’s non-collectively bargained complaint resolution procedures, employees who are represented by the exclusive representative in a non-collectively bargained complaint procedure are engaged in the protected activity of participating in the activities of an employee organization, regardless of the personal or individual nature of the complaint. (pp. 12-13.)
300.17000 – Other
The statutory term “employment relations” is broad enough to include an employer’s administrative or non-collectively bargained remedies. Because the statutory rights of an exclusive representative to represent employees extends to an employer’s non-collectively bargained complaint resolution procedures, employees who are represented by the exclusive representative in a non-collectively bargained complaint procedure are engaged in the protected activity of participating in the activities of an employee organization, regardless of the personal or individual nature of the complaint. (pp. 12-13.)
300.01000 – In General
While an individual employee’s complaint that is “entirely personal in nature and not an extension of concerted action” is unprotected, employee’s complaint of abusive treatment by her supervisor falls squarely within the ambit of “employer-employee relations” because it affects workplace safety and freedom from a hostile work environment. Employee activity directed against a supervisor’s conduct or performance is protected when its purpose is to further a legitimate interest in the employees’ working conditions or when the supervisor’s conduct affects collective working conditions. (p. 11.)
300.04000 – Individual/Concerted/Activities/Self-Representation
While an individual employee’s complaint that is “entirely personal in nature and not an extension of concerted action” is unprotected, employee’s complaint of abusive treatment by her supervisor falls squarely within the ambit of “employer-employee relations” because it affects workplace safety and freedom from a hostile work environment. Employee activity directed against a supervisor’s conduct or performance is protected when its purpose is to further a legitimate interest in the employees’ working conditions or when the supervisor’s conduct affects collective working conditions. (p. 11.)
300.05000 – Grievances
While an individual employee’s complaint that is “entirely personal in nature and not an extension of concerted action” is unprotected, employee’s complaint of abusive treatment by her supervisor falls squarely within the ambit of “employer-employee relations” because it affects workplace safety and freedom from a hostile work environment. Employee activity directed against a supervisor’s conduct or performance is protected when its purpose is to further a legitimate interest in the employees’ working conditions or when the supervisor’s conduct affects collective working conditions. (p. 11.)
300.06000 – Demands for Change in Working Conditions
While an individual employee’s complaint that is “entirely personal in nature and not an extension of concerted action” is unprotected, employee’s complaint of abusive treatment by her supervisor falls squarely within the ambit of “employer-employee relations” because it affects workplace safety and freedom from a hostile work environment. Employee activity directed against a supervisor’s conduct or performance is protected when its purpose is to further a legitimate interest in the employees’ working conditions or when the supervisor’s conduct affects collective working conditions. (p. 11.)
300.17000 – Other
While an individual employee’s complaint that is “entirely personal in nature and not an extension of concerted action” is unprotected, employee’s complaint of abusive treatment by her supervisor falls squarely within the ambit of “employer-employee relations” because it affects workplace safety and freedom from a hostile work environment. Employee activity directed against a supervisor’s conduct or performance is protected when its purpose is to further a legitimate interest in the employees’ working conditions or when the supervisor’s conduct affects collective working conditions. (p. 11.)
300.01000 – In General
By alleging that the exclusive representative represented employee in her administrative complaint of abusive treatment by her supervisor, the charge included sufficient facts to demonstrate that the complaining employee, and by extension a fellow employee who agreed to appear as a witness in support of the complaint, had “participate[d] in the activities of [an] employee organization[] of their own choosing for the purpose of representation” on a matter of employer-employee relations. (pp. 11-12.) Whether an employee’s complaint is presented in a collectively -bargained grievance procedure is not necessarily determinative of whether it is protected activity, because, by virtue of the exclusive representatives’ involvement, the employee was participating in the activities of an employee organization, conduct expressly protected by HEERA section 3565. Fellow employee’s willingness to serve as a witness in support of the administrative complaint was likewise protected participation in an employee organization’s activity, regardless of the nature of the proceedings in which the complaint was presented. (p. 14.)
300.05000 – Grievances
By alleging that the exclusive representative represented employee in her administrative complaint of abusive treatment by her supervisor, the charge included sufficient facts to demonstrate that the complaining employee, and by extension a fellow employee who agreed to appear as a witness in support of the complaint, had “participate[d] in the activities of [an] employee organization[] of their own choosing for the purpose of representation” on a matter of employer-employee relations. (pp. 11-12.) Whether an employee’s complaint is presented in a collectively -bargained grievance procedure is not necessarily determinative of whether it is protected activity, because, by virtue of the exclusive representatives’ involvement, the employee was participating in the activities of an employee organization, conduct expressly protected by HEERA section 3565. Fellow employee’s willingness to serve as a witness in support of the administrative complaint was likewise protected participation in an employee organization’s activity, regardless of the nature of the proceedings in which the complaint was presented. (p. 14.)
300.17000 – Other
By alleging that the exclusive representative represented employee in her administrative complaint of abusive treatment by her supervisor, the charge included sufficient facts to demonstrate that the complaining employee, and by extension a fellow employee who agreed to appear as a witness in support of the complaint, had “participate[d] in the activities of [an] employee organization[] of their own choosing for the purpose of representation” on a matter of employer-employee relations. (pp. 11-12.) Whether an employee’s complaint is presented in a collectively -bargained grievance procedure is not necessarily determinative of whether it is protected activity, because, by virtue of the exclusive representatives’ involvement, the employee was participating in the activities of an employee organization, conduct expressly protected by HEERA section 3565. Fellow employee’s willingness to serve as a witness in support of the administrative complaint was likewise protected participation in an employee organization’s activity, regardless of the nature of the proceedings in which the complaint was presented. (p. 14.)
300.01000 – In General
Probationary employee’s willingness to serve as a witness in support of fellow employee’s complaint against allegedly abusive supervisor was protected activity, regardless of whether the complaint procedure was administrative or collectively-bargained. Individual employee activity aimed at providing mutual aid or protection to a coworker is statutorily protected, notwithstanding its informal and spontaneous nature. (p. 17.) If individual employees are not free to act together informally and spontaneously to provide mutual aid or protection to one another, then it is unlikely that they may ever exercise their right to form or join, much less to participate in the activities of, an employee organization, a right expressly guaranteed by the PERB statutes. (p. 16.)
300.04000 – Individual/Concerted/Activities/Self-Representation
Probationary employee’s willingness to serve as a witness in support of fellow employee’s complaint against allegedly abusive supervisor was protected activity, regardless of whether the complaint procedure was administrative or collectively-bargained. Individual employee activity aimed at providing mutual aid or protection to a coworker is statutorily protected, notwithstanding its informal and spontaneous nature. (p. 17.) If individual employees are not free to act together informally and spontaneously to provide mutual aid or protection to one another, then it is unlikely that they may ever exercise their right to form or join, much less to participate in the activities of, an employee organization, a right expressly guaranteed by the PERB statutes. (p. 16.)
300.05000 – Grievances
Probationary employee’s willingness to serve as a witness in support of fellow employee’s complaint against allegedly abusive supervisor was protected activity, regardless of whether the complaint procedure was administrative or collectively-bargained. Individual employee activity aimed at providing mutual aid or protection to a coworker is statutorily protected, notwithstanding its informal and spontaneous nature. (p. 17.) If individual employees are not free to act together informally and spontaneously to provide mutual aid or protection to one another, then it is unlikely that they may ever exercise their right to form or join, much less to participate in the activities of, an employee organization, a right expressly guaranteed by the PERB statutes. (p. 16.)
300.06000 – Demands for Change in Working Conditions
Probationary employee’s willingness to serve as a witness in support of fellow employee’s complaint against allegedly abusive supervisor was protected activity, regardless of whether the complaint procedure was administrative or collectively-bargained. Individual employee activity aimed at providing mutual aid or protection to a coworker is statutorily protected, notwithstanding its informal and spontaneous nature. (p. 17.) If individual employees are not free to act together informally and spontaneously to provide mutual aid or protection to one another, then it is unlikely that they may ever exercise their right to form or join, much less to participate in the activities of, an employee organization, a right expressly guaranteed by the PERB statutes. (p. 16.)
300.17000 – Other
Probationary employee’s willingness to serve as a witness in support of fellow employee’s complaint against allegedly abusive supervisor was protected activity, regardless of whether the complaint procedure was administrative or collectively-bargained. Individual employee activity aimed at providing mutual aid or protection to a coworker is statutorily protected, notwithstanding its informal and spontaneous nature. (p. 17.) If individual employees are not free to act together informally and spontaneously to provide mutual aid or protection to one another, then it is unlikely that they may ever exercise their right to form or join, much less to participate in the activities of, an employee organization, a right expressly guaranteed by the PERB statutes. (p. 16.)
300.01000 – In General
Allegation that employer’s agent told probationary employee she “should not talk to anyone about the investigation” of a fellow employee’s complaint of abusive treatment against supervisor stated prima facie case of interference with protected rights, since, on its face and without further explanation, a directive not to talk to “anyone” could reasonably be construed to prohibit contacting union representatives, or enlisting the support of other employees for the complaint. (p. 22.) To the extent that an employer’s directive or policy of maintaining “confidentiality” of investigations into employee grievances “muzzles” employees who seek to engage in concerted activity for mutual aid or protection by denying them the very information needed to discuss their wages, hours or working conditions, it necessarily harms employee rights. (p. 21.) Once it is established that the employer’s prohibition on discussing wages, hours or working conditions adversely affects protected rights, the burden falls on the employer to demonstrate “legitimate and substantial business justifications” for its conduct. (21-22.) To overcome a presumption of invalidity stemming from a vague or overinclusive rule, the employer must make it clear to employees that the thrust of an inexplicitly-worded confidentiality rule is not to prohibit discussion of their terms and conditions of employment. (Ibid.)
300.04000 – Individual/Concerted/Activities/Self-Representation
Allegation that employer’s agent told probationary employee she “should not talk to anyone about the investigation” of a fellow employee’s complaint of abusive treatment against supervisor stated prima facie case of interference with protected rights, since, on its face and without further explanation, a directive not to talk to “anyone” could reasonably be construed to prohibit contacting union representatives, or enlisting the support of other employees for the complaint. (p. 22.) To the extent that an employer’s directive or policy of maintaining “confidentiality” of investigations into employee grievances “muzzles” employees who seek to engage in concerted activity for mutual aid or protection by denying them the very information needed to discuss their wages, hours or working conditions, it necessarily harms employee rights. (p. 21.) Once it is established that the employer’s prohibition on discussing wages, hours or working conditions adversely affects protected rights, the burden falls on the employer to demonstrate “legitimate and substantial business justifications” for its conduct. (21-22.) To overcome a presumption of invalidity stemming from a vague or overinclusive rule, the employer must make it clear to employees that the thrust of an inexplicitly-worded confidentiality rule is not to prohibit discussion of their terms and conditions of employment. (Ibid.)
300.05000 – Grievances
Allegation that employer’s agent told probationary employee she “should not talk to anyone about the investigation” of a fellow employee’s complaint of abusive treatment against supervisor stated prima facie case of interference with protected rights, since, on its face and without further explanation, a directive not to talk to “anyone” could reasonably be construed to prohibit contacting union representatives, or enlisting the support of other employees for the complaint. (p. 22.) To the extent that an employer’s directive or policy of maintaining “confidentiality” of investigations into employee grievances “muzzles” employees who seek to engage in concerted activity for mutual aid or protection by denying them the very information needed to discuss their wages, hours or working conditions, it necessarily harms employee rights. (p. 21.) Once it is established that the employer’s prohibition on discussing wages, hours or working conditions adversely affects protected rights, the burden falls on the employer to demonstrate “legitimate and substantial business justifications” for its conduct. (21-22.) To overcome a presumption of invalidity stemming from a vague or overinclusive rule, the employer must make it clear to employees that the thrust of an inexplicitly-worded confidentiality rule is not to prohibit discussion of their terms and conditions of employment. (Ibid.)
300.06000 – Demands for Change in Working Conditions
Allegation that employer’s agent told probationary employee she “should not talk to anyone about the investigation” of a fellow employee’s complaint of abusive treatment against supervisor stated prima facie case of interference with protected rights, since, on its face and without further explanation, a directive not to talk to “anyone” could reasonably be construed to prohibit contacting union representatives, or enlisting the support of other employees for the complaint. (p. 22.) To the extent that an employer’s directive or policy of maintaining “confidentiality” of investigations into employee grievances “muzzles” employees who seek to engage in concerted activity for mutual aid or protection by denying them the very information needed to discuss their wages, hours or working conditions, it necessarily harms employee rights. (p. 21.) Once it is established that the employer’s prohibition on discussing wages, hours or working conditions adversely affects protected rights, the burden falls on the employer to demonstrate “legitimate and substantial business justifications” for its conduct. (21-22.) To overcome a presumption of invalidity stemming from a vague or overinclusive rule, the employer must make it clear to employees that the thrust of an inexplicitly-worded confidentiality rule is not to prohibit discussion of their terms and conditions of employment. (Ibid.)
300.10000 – Solicitation/Organizing
Allegation that employer’s agent told probationary employee she “should not talk to anyone about the investigation” of a fellow employee’s complaint of abusive treatment against supervisor stated prima facie case of interference with protected rights, since, on its face and without further explanation, a directive not to talk to “anyone” could reasonably be construed to prohibit contacting union representatives, or enlisting the support of other employees for the complaint. (p. 22.) To the extent that an employer’s directive or policy of maintaining “confidentiality” of investigations into employee grievances “muzzles” employees who seek to engage in concerted activity for mutual aid or protection by denying them the very information needed to discuss their wages, hours or working conditions, it necessarily harms employee rights. (p. 21.) Once it is established that the employer’s prohibition on discussing wages, hours or working conditions adversely affects protected rights, the burden falls on the employer to demonstrate “legitimate and substantial business justifications” for its conduct. (21-22.) To overcome a presumption of invalidity stemming from a vague or overinclusive rule, the employer must make it clear to employees that the thrust of an inexplicitly-worded confidentiality rule is not to prohibit discussion of their terms and conditions of employment. (Ibid.)
300.15000 – Speech
Allegation that employer’s agent told probationary employee she “should not talk to anyone about the investigation” of a fellow employee’s complaint of abusive treatment against supervisor stated prima facie case of interference with protected rights, since, on its face and without further explanation, a directive not to talk to “anyone” could reasonably be construed to prohibit contacting union representatives, or enlisting the support of other employees for the complaint. (p. 22.) To the extent that an employer’s directive or policy of maintaining “confidentiality” of investigations into employee grievances “muzzles” employees who seek to engage in concerted activity for mutual aid or protection by denying them the very information needed to discuss their wages, hours or working conditions, it necessarily harms employee rights. (p. 21.) Once it is established that the employer’s prohibition on discussing wages, hours or working conditions adversely affects protected rights, the burden falls on the employer to demonstrate “legitimate and substantial business justifications” for its conduct. (21-22.) To overcome a presumption of invalidity stemming from a vague or overinclusive rule, the employer must make it clear to employees that the thrust of an inexplicitly-worded confidentiality rule is not to prohibit discussion of their terms and conditions of employment. (Ibid.)
300.17000 – Other
Allegation that employer’s agent told probationary employee she “should not talk to anyone about the investigation” of a fellow employee’s complaint of abusive treatment against supervisor stated prima facie case of interference with protected rights, since, on its face and without further explanation, a directive not to talk to “anyone” could reasonably be construed to prohibit contacting union representatives, or enlisting the support of other employees for the complaint. (p. 22.) To the extent that an employer’s directive or policy of maintaining “confidentiality” of investigations into employee grievances “muzzles” employees who seek to engage in concerted activity for mutual aid or protection by denying them the very information needed to discuss their wages, hours or working conditions, it necessarily harms employee rights. (p. 21.) Once it is established that the employer’s prohibition on discussing wages, hours or working conditions adversely affects protected rights, the burden falls on the employer to demonstrate “legitimate and substantial business justifications” for its conduct. (21-22.) To overcome a presumption of invalidity stemming from a vague or overinclusive rule, the employer must make it clear to employees that the thrust of an inexplicitly-worded confidentiality rule is not to prohibit discussion of their terms and conditions of employment. (Ibid.)
400.01000 – In General; Standards
Allegation that employer’s agent told probationary employee she “should not talk to anyone about the investigation” of a fellow employee’s complaint of abusive treatment against supervisor stated prima facie case of interference with protected rights, since, on its face and without further explanation, a directive not to talk to “anyone” could reasonably be construed to prohibit contacting union representatives, or enlisting the support of other employees for the complaint. (p. 22.) To the extent that an employer’s directive or policy of maintaining “confidentiality” of investigations into employee grievances “muzzles” employees who seek to engage in concerted activity for mutual aid or protection by denying them the very information needed to discuss their wages, hours or working conditions, it necessarily harms employee rights. (p. 21.) Once it is established that the employer’s prohibition on discussing wages, hours or working conditions adversely affects protected rights, the burden falls on the employer to demonstrate “legitimate and substantial business justifications” for its conduct. (21-22.) To overcome a presumption of invalidity stemming from a vague or overinclusive rule, the employer must make it clear to employees that the thrust of an inexplicitly-worded confidentiality rule is not to prohibit discussion of their terms and conditions of employment. (Ibid.)
401.01000 – In General; Prima Facie Case.
Allegation that employer’s agent told probationary employee she “should not talk to anyone about the investigation” of a fellow employee’s complaint of abusive treatment against supervisor stated prima facie case of interference with protected rights, since, on its face and without further explanation, a directive not to talk to “anyone” could reasonably be construed to prohibit contacting union representatives, or enlisting the support of other employees for the complaint. (p. 22.) To the extent that an employer’s directive or policy of maintaining “confidentiality” of investigations into employee grievances “muzzles” employees who seek to engage in concerted activity for mutual aid or protection by denying them the very information needed to discuss their wages, hours or working conditions, it necessarily harms employee rights. (p. 21.) Once it is established that the employer’s prohibition on discussing wages, hours or working conditions adversely affects protected rights, the burden falls on the employer to demonstrate “legitimate and substantial business justifications” for its conduct. (21-22.) To overcome a presumption of invalidity stemming from a vague or overinclusive rule, the employer must make it clear to employees that the thrust of an inexplicitly-worded confidentiality rule is not to prohibit discussion of their terms and conditions of employment. (Ibid.)
404.01000 – In General
Allegation that employer’s agent told probationary employee she “should not talk to anyone about the investigation” of a fellow employee’s complaint of abusive treatment against supervisor stated prima facie case of interference with protected rights, since, on its face and without further explanation, a directive not to talk to “anyone” could reasonably be construed to prohibit contacting union representatives, or enlisting the support of other employees for the complaint. (p. 22.) To the extent that an employer’s directive or policy of maintaining “confidentiality” of investigations into employee grievances “muzzles” employees who seek to engage in concerted activity for mutual aid or protection by denying them the very information needed to discuss their wages, hours or working conditions, it necessarily harms employee rights. (p. 21.) Once it is established that the employer’s prohibition on discussing wages, hours or working conditions adversely affects protected rights, the burden falls on the employer to demonstrate “legitimate and substantial business justifications” for its conduct. (21-22.) To overcome a presumption of invalidity stemming from a vague or overinclusive rule, the employer must make it clear to employees that the thrust of an inexplicitly-worded confidentiality rule is not to prohibit discussion of their terms and conditions of employment. (Ibid.)
404.02000 – Statements
Allegation that employer’s agent told probationary employee she “should not talk to anyone about the investigation” of a fellow employee’s complaint of abusive treatment against supervisor stated prima facie case of interference with protected rights, since, on its face and without further explanation, a directive not to talk to “anyone” could reasonably be construed to prohibit contacting union representatives, or enlisting the support of other employees for the complaint. (p. 22.) To the extent that an employer’s directive or policy of maintaining “confidentiality” of investigations into employee grievances “muzzles” employees who seek to engage in concerted activity for mutual aid or protection by denying them the very information needed to discuss their wages, hours or working conditions, it necessarily harms employee rights. (p. 21.) Once it is established that the employer’s prohibition on discussing wages, hours or working conditions adversely affects protected rights, the burden falls on the employer to demonstrate “legitimate and substantial business justifications” for its conduct. (21-22.) To overcome a presumption of invalidity stemming from a vague or overinclusive rule, the employer must make it clear to employees that the thrust of an inexplicitly-worded confidentiality rule is not to prohibit discussion of their terms and conditions of employment. (Ibid.)
405.01000 – In General
Allegation that employer’s agent told probationary employee she “should not talk to anyone about the investigation” of a fellow employee’s complaint of abusive treatment against supervisor stated prima facie case of interference with protected rights, since, on its face and without further explanation, a directive not to talk to “anyone” could reasonably be construed to prohibit contacting union representatives, or enlisting the support of other employees for the complaint. (p. 22.) To the extent that an employer’s directive or policy of maintaining “confidentiality” of investigations into employee grievances “muzzles” employees who seek to engage in concerted activity for mutual aid or protection by denying them the very information needed to discuss their wages, hours or working conditions, it necessarily harms employee rights. (p. 21.) Once it is established that the employer’s prohibition on discussing wages, hours or working conditions adversely affects protected rights, the burden falls on the employer to demonstrate “legitimate and substantial business justifications” for its conduct. (21-22.) To overcome a presumption of invalidity stemming from a vague or overinclusive rule, the employer must make it clear to employees that the thrust of an inexplicitly-worded confidentiality rule is not to prohibit discussion of their terms and conditions of employment. (Ibid.)
405.02000 – Express or Implied Threats
Allegation that employer’s agent told probationary employee she “should not talk to anyone about the investigation” of a fellow employee’s complaint of abusive treatment against supervisor stated prima facie case of interference with protected rights, since, on its face and without further explanation, a directive not to talk to “anyone” could reasonably be construed to prohibit contacting union representatives, or enlisting the support of other employees for the complaint. (p. 22.) To the extent that an employer’s directive or policy of maintaining “confidentiality” of investigations into employee grievances “muzzles” employees who seek to engage in concerted activity for mutual aid or protection by denying them the very information needed to discuss their wages, hours or working conditions, it necessarily harms employee rights. (p. 21.) Once it is established that the employer’s prohibition on discussing wages, hours or working conditions adversely affects protected rights, the burden falls on the employer to demonstrate “legitimate and substantial business justifications” for its conduct. (21-22.) To overcome a presumption of invalidity stemming from a vague or overinclusive rule, the employer must make it clear to employees that the thrust of an inexplicitly-worded confidentiality rule is not to prohibit discussion of their terms and conditions of employment. (Ibid.)
409.01000 – Business Necessity
Allegation that employer’s agent told probationary employee she “should not talk to anyone about the investigation” of a fellow employee’s complaint of abusive treatment against supervisor stated prima facie case of interference with protected rights, since, on its face and without further explanation, a directive not to talk to “anyone” could reasonably be construed to prohibit contacting union representatives, or enlisting the support of other employees for the complaint. (p. 22.) To the extent that an employer’s directive or policy of maintaining “confidentiality” of investigations into employee grievances “muzzles” employees who seek to engage in concerted activity for mutual aid or protection by denying them the very information needed to discuss their wages, hours or working conditions, it necessarily harms employee rights. (p. 21.) Once it is established that the employer’s prohibition on discussing wages, hours or working conditions adversely affects protected rights, the burden falls on the employer to demonstrate “legitimate and substantial business justifications” for its conduct. (21-22.) To overcome a presumption of invalidity stemming from a vague or overinclusive rule, the employer must make it clear to employees that the thrust of an inexplicitly-worded confidentiality rule is not to prohibit discussion of their terms and conditions of employment. (Ibid.)
409.03000 – Discontinuance of Illegal Activity; Retraction; Repudiation; Public Disavowal
Allegation that employer’s agent told probationary employee she “should not talk to anyone about the investigation” of a fellow employee’s complaint of abusive treatment against supervisor stated prima facie case of interference with protected rights, since, on its face and without further explanation, a directive not to talk to “anyone” could reasonably be construed to prohibit contacting union representatives, or enlisting the support of other employees for the complaint. (p. 22.) To the extent that an employer’s directive or policy of maintaining “confidentiality” of investigations into employee grievances “muzzles” employees who seek to engage in concerted activity for mutual aid or protection by denying them the very information needed to discuss their wages, hours or working conditions, it necessarily harms employee rights. (p. 21.) Once it is established that the employer’s prohibition on discussing wages, hours or working conditions adversely affects protected rights, the burden falls on the employer to demonstrate “legitimate and substantial business justifications” for its conduct. (21-22.) To overcome a presumption of invalidity stemming from a vague or overinclusive rule, the employer must make it clear to employees that the thrust of an inexplicitly-worded confidentiality rule is not to prohibit discussion of their terms and conditions of employment. (Ibid.)