Decision 2599E – San Bernardino Community College District

LA-CE-6037-E

Decision Date: December 5, 2018

Decision Type: PERB Decision

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Perc Vol: 43
Perc Index: 85

Decision Headnotes

300.00000 – UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES
300.01000 – In General

The refusal to obey a rule or directive that unlawfully infringes on employee or union rights is generally protected.

408.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS
408.01000 – In General

An employer violates an employee’s right to union representation when it discontinues oral questioning following the employee’s request for representation, but directs the employee to prepare a written statement concerning the matter under investigation.

408.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS
408.01000 – In General

Faced with a valid request for representation in an investigatory interview, an employer must accede to the request, give the employee the option of continuing without representation, or discontinue the interview, regardless of whether the employer is seeking new information or merely to confirm information previously provided by the employee.

408.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS
408.01000 – In General

In order to challenge denial of Weingarten rights, employee was not required to disobey an unlawful directive to proceed without representation.

408.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS
408.03000 – Investigatory Interviews

An employer violates an employee’s right to union representation when it discontinues oral questioning following the employee’s request for representation, but directs the employee to prepare a written statement concerning the matter under investigation.

408.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS
408.03000 – Investigatory Interviews

Faced with a valid request for representation in an investigatory interview, an employer must accede to the request, give the employee the option of continuing without representation, or discontinue the interview, regardless of whether the employer is seeking new information or merely to confirm information previously provided by the employee.

408.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS
408.03000 – Investigatory Interviews

In order to challenge denial of Weingarten rights, employee was not required to disobey an unlawful directive to proceed without representation.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.05000 – Impact and Extent

By defending its conduct as authorized by the management rights clause of the collective bargaining agreement, employer demonstrates a sufficiently generalized effect or continuing impact to qualify as a unilateral change.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession

Evidence failed to establish a contractual waiver of the right to bargain where it was not established that the management rights clause was in effect at the time of the unilateral change.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession

Contractual waiver of the right to bargain must be clear and unmistakable and reflect a conscious abandonment of the right to bargain; a generally worded management rights clause does not suffice.

1000.00000 – SCOPE OF REPRESENTATION
1000.01000 – In General; Test for Subjects Not Specifically Enumerated

Anaheim Union High School District (1981) PERB Decision No. 177, not Claremont Police Officers Association v. City of Claremont (2006) 39 Cal.4th 623, supplies the test for subjects not specifically enumerated as within scope under EERA.

1000.00000 – SCOPE OF REPRESENTATION
1000.02045 – Evaluations

GPS surveillance of employees is within the scope of representation, as it is a type of information that may be utilized in evaluating and disciplining employees.