Decision 2619M – County of San Joaquin (Sheriff's Department)

SA-CE-897-M

Decision Date: December 28, 2018

Decision Type: PERB Decision

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Perc Vol: 43
Perc Index: 114

Decision Headnotes

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

1201.00000 – REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS
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.

1205.00000 – REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS
1205.03000 – Notices; Posting, Reading, and Mailing

Notice reading, also known as spoken notice, may be warranted in appropriate circumstances.