Decision 2590E – Petaluma City Elementary School District/Joint Union High School District

SF-CE-3091-E

Decision Date: October 22, 2018

Decision Type: PERB Decision

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Perc Vol: 43
Perc Index: 65

Decision Headnotes

401.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS
401.03000 – Ban on Distribution or Solicitation

Following remand and a formal hearing in this case, the ALJ concluded that the District interfered with protected rights, as alleged in the complaint, when, on September 5, and October 10, 2014, its agents sent e-mail messages prohibiting employees from distributing “flyers of a political or union nature” and from “handing out pamphlets” anywhere on the District’s premises at any time during the workday, without regard to non-duty time, such as employee breaks, or to unofficial “downtime” to the extent the District authorizes or permits limited employee solicitation for other non-work-related causes during worktime. (See, Petaluma, supra, PERB Decision No. 2485, pp. 50-51.) In finding liability on both counts of interference, the ALJ relied, in part, on uncontested testimony from Local 1881-represented employees that they had received the District’s September 5, 2014 and October 10, 2014 e-mail messages.