Decision 2616H – Regents of the University of California (California Nurses Association)

LA-CE-1256-H

Decision Date: December 21, 2018

Decision Type: PERB Decision

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Perc Vol: 43
Perc Index: 110

Decision Headnotes

401.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS
401.01000 – In General; Prima Facie Case.

Overbroad restrictions on protected activity are deemed unlawful in toto, not merely in part.

401.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS
401.07000 – Display of Union Insignia

Employees have a right to wear union insignia and buttons at their workplace. Restrictions on the right are lawful only if the employer proves they are justified by special circumstances.

401.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS
401.07000 – Display of Union Insignia

To show special circumstances, employer need not prove actual disruption, though evidence of disruption or lack thereof is a relevant factor. General, speculative, isolated, or conclusory evidence of potential disruption does not amount to special circumstances.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver

Allegations that are dismissed by the ALJ and about which neither party files exceptions are not before the Board.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver

The Board will dismiss exceptions unless the Board’s ruling on the exceptions would change the outcome of the ALJ’s decision.