Decision 2602M – City of Commerce
LA-CE-1098-M
Decision Date: December 11, 2018
Decision Type: PERB Decision
Description: The ALJ found that an employer violated employee and employee organization rights by interviewing two employees in advance of an arbitration hearing, because it did not assure them that their participation was voluntary and that they would not be punished for their responses or their refusal to answer any questions, and because it inquired into the union’s arbitration strategy.
Disposition: The Board affirmed and adopted the proposed decision.
Perc Vol: 43
Perc Index: 89
Decision Headnotes
101.03000 – NLRA/LMRDA Precedent
When asked to follow private-sector authority, the Board must determine whether the underlying reasoning is consistent with the language and policies of the PERB-administered statutes.
300.05000 – Grievances
Employee organizations have robust rights to represent employees in the grievance process, which is perhaps the most important point at which employee organizations represent their members in their day-to-day employment relations.
400.01000 – In General; Standards
A prima facie case of interference may be stated without evidence that an employee has already engaged in protected activity, so long as the employer’s conduct has a tendency to deter future protected activity.
400.01000 – In General; Standards
Interference may be found without evidence that the respondent had a conniving or underhanded purpose, that any employees subjectively felt threatened or intimidated, or that employees were deterred from engaging in protected activity.
402.01000 – In General
Interviews of employees who have been identified as union witnesses in an arbitration hearing interfere with employee and union rights because employees were not assured their participation was voluntary, and employer inquired into union’s arbitration strategy.
402.03000 – Union Activities or Membership
Interviews of employees who have been identified as union witnesses in an arbitration hearing interfere with employee and union rights because employees were not assured their participation was voluntary, and employer inquired into union’s arbitration strategy.
409.05000 – Union Consent or Waiver
Union’s failure to cite legal authority against employer’s intended course of action does not absolve the employer of interfering with employee and union rights.
1107.11000 – Request for Oral Argument
Request for oral argument denied where the issues before the Board are sufficiently clear that oral argument is unnecessary.
1200.01000 – In General
The Board finds no authority for declining to issue a cease-and-desist order based on the relative lack of severity of the unfair practices committed.
1205.03000 – Notices; Posting, Reading, and Mailing
The Board finds no authority for declining to order a notice posting based on the relative lack of severity of the unfair practices committed.
1402.02000 – Union’s Waiver of Employee or Organizational Rights
Union’s failure to cite legal authority against employer’s intended course of action does not absolve the employer of interfering with employee and union rights.
1402.04000 – By Acquiescence/Conduct
Union’s failure to cite legal authority against employer’s intended course of action does not absolve the employer of interfering with employee and union rights.