Decision 2619M – County of San Joaquin (Sheriff's Department)
Decision Date: December 28, 2018
Decision Type: PERB Decision
Perc Vol: 43
Perc Index: 114
408.03000 – Investigatory Interviews
PERB will find a violation of the right to representation when (a) the employee or the union representative requested representation before (b) responding to a request to provide written information, (c) which the employee reasonably believed could result in disciplinary action, and (d) the employer denied the request. PERB found a violation even though the employee did not ultimately submit the written statement.
1201.01000 – In General
A purge order with make whole relief was the appropriate remedy for a violation of an employee’s right to representation where employee’s request for a representative triggered the disciplinary process even though employee was disciplined in part for other conduct.
1205.03000 – Notices; Posting, Reading, and Mailing
Notice reading, also known as spoken notice, may be warranted in appropriate circumstances.