Keyword Search by Headnotes - California Public Employment Relations Board

Decision	Description	PERC Vol.	PERC Index	Date
2603M	City of Yuba City 501.02000: EMPLOYER DISCRIMINATION; DISCRIMINATION; Burden of Proof; Evidence If an employer has engaged in conduct that is facially or inherently discriminatory, i.e., discrimination in its simplest form, the employer’s unlawful motive can be inferred without specific evidence. The employer bears the burden of justifying such conduct by coming forward with a legitimate business justification. On the other hand, if the employer’s conduct is not facially or inherently discriminatory, the charging party must prove the employer’s unlawful motive under Novato Unified School District (1982) PERB Decision No. 210. more or view all topics or full text.	43	90	12/12/18
2603M	City of Yuba City 504.03000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Departure from Past Practices or Procedures Inconsistency of employer’s action with its previously stated goals is not evidence of unlawful motive when the inconsistency was introduced before the protected activity. more or view all topics or full text.	43	90	12/12/18
2603M	City of Yuba City 504.12000: EMPLOYER DISCRIMINATION; EVIDENCE OF UNLAWFUL MOTIVATION; NEXUS; Employer Statements or Conduct; Threats Statement that employer intended to provide a one-time bonus to all units that negotiated a contract did not evidence intent to discriminate against unit that engaged in protected activity, where there was no indication that the unit that engaged in protected activity could not have obtained the bonus had it reached an agreement. more or view all topics or full text.	43	90	12/12/18
2603M	City of Yuba City 606.13000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES; Parity Agreements While the Board has recognized that an employer has a legitimate interest in maintaining parity or equity across its bargaining units, it has never held that parity is required. To the contrary, an employer comes perilously close to bad faith when it insists that it will not under any circumstances agree to different terms for different employee groups. more or view all topics or full text.	43	90	12/12/18
2603M	City of Yuba City 900.05000: IMPASSE PROCEDURES; IN GENERAL; DUTY TO PARTICIPATE IN GOOD FAITH; Post-Impasse No violation of MMBA section 3505.7’s requirement of holding a “public hearing regarding the impasse” before imposing LBFO where the employer provided adequate notice to the public that it intends to consider imposing terms and conditions on employees, and to allow public comment concerning the proposed imposition. more or view all topics or full text.	43	90	12/12/18
2603M	City of Yuba City 900.05000: IMPASSE PROCEDURES; IN GENERAL; DUTY TO PARTICIPATE IN GOOD FAITH; Post-Impasse Even if the employer complies with the MMBA’s requirement of holding a public hearing regarding the impasse, the manner in which the hearing proceeds, statements made by the employer’s representatives and governing body during the hearing, and the decision ultimately imposed may be evidence of whether the employer has acted with the requisite good faith during negotiations and impasse procedures. more or view all topics or full text.	43	90	12/12/18
2609I	San Francisco County Superior Court and Region 2 Court Interpreter Employment Relations Committee 602.01000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); In General The unilateral change test is equally applicable to unilateral repudiations by an employer or by an employee organization. more or view all topics or full text.	43	99	12/18/18
2609I	San Francisco County Superior Court and Region 2 Court Interpreter Employment Relations Committee 602.03000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Change in or Deviation from Written Agreement or Policy No unilateral change found where the respondent’s conduct was consistent with a reading of the entire contract article in question. more or view all topics or full text.	43	99	12/18/18
2595E	William S. Hart Union High School District 103.01000: PERB: OPERATION, JURISDICTION, AUTHORITY; CONSTITUTIONALITY OF EERA, DILLS, HEERA; In General EERA’s proscription against interference with employee rights is not void for vagueness under due process principles. The statute has been given a reasonable and practical construction over more than four decades of agency adjudication, which is all that is required to avoid being found unconstitutionally vague. more or view all topics or full text.	43	74	11/09/18
2595E	William S. Hart Union High School District 400.01000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; EMPLOYER INTERFERENCE WITH, RESTRAINT, OR COERCION OF EMPLOYEES; In General; Standards A prima facie case of interference is established by allegations that an employer’s conduct tends to or does result in some harm to employee rights under our statutes. If the harm to protected rights is slight and the employer offers justification based on operational necessity, the competing interests are balanced. If the harm to employee rights outweighs the asserted business justification, a violation will be found. Where the employer’s conduct is inherently destructive of protected rights, it will be excused only on proof that it was caused by circumstances beyond the employer’s control and that no alternative course of action was available. more or view all topics or full text.	43	74	11/09/18
2595E	William S. Hart Union High School District 402.01000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; QUESTIONING/INTERROGATING EMPLOYEES; In General Questioning a union steward about whether employees had complained to her about another employee interfered with employee’s right to serve as a union steward and employee rights to confer with their union steward. An employer’s legitimate investigation into alleged wrongdoing cannot include quizzing the shop steward about the substance of communications between employees and their union representatives, thereby deputizing the union as the employer’s agent for conducting disciplinary investigations. more or view all topics or full text.	43	74	11/09/18
2595E	William S. Hart Union High School District 402.01000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; QUESTIONING/INTERROGATING EMPLOYEES; In General When an employer’s questions veer into matters protected by EERA, it is the employer’s obligation to assure the employee that his or her response is voluntary. more or view all topics or full text.	43	74	11/09/18
2595E	William S. Hart Union High School District 409.01000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; DEFENSES; Business Necessity Business justification for questioning a union steward about employees’ complaints about another employee did not outweigh harm to employee rights. Possibility that steward was ignoring those complaints because of personal relationship with the employee would be only weak evidence that the steward and employee were engaged in misconduct, but struck at the heart of matters in which the employer had no legitimate interest: the adequacy of the steward’s representation of bargaining unit members. more or view all topics or full text.	43	74	11/09/18
2595E	William S. Hart Union High School District 1200.01000: REMEDIES FOR UNFAIR PRACTICES; CEASE AND DESIST ORDERS; In General Order to cease and desist interfering with employee rights and union’s rights to represent employees is not vague or overbroad, because it is read in conjunction with the specific finding concerning the employer’s violation. more or view all topics or full text.	43	74	11/09/18
2599E	San Bernardino Community College District 300.01000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; In General The refusal to obey a rule or directive that unlawfully infringes on employee or union rights is generally protected. more or view all topics or full text.	43	85	12/05/18
2599E	San Bernardino Community College District 408.01000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS; 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. more or view all topics or full text.	43	85	12/05/18
2599E	San Bernardino Community College District 408.01000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS; 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. more or view all topics or full text.	43	85	12/05/18
2599E	San Bernardino Community College District 408.01000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS; In General In order to challenge denial of Weingarten rights, employee was not required to disobey an unlawful directive to proceed without representation. more or view all topics or full text.	43	85	12/05/18
2599E	San Bernardino Community College District 408.03000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS; 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. more or view all topics or full text.	43	85	12/05/18
2599E	San Bernardino Community College District 408.03000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS; 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. more or view all topics or full text.	43	85	12/05/18
2599E	San Bernardino Community College District 408.03000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS; Investigatory Interviews In order to challenge denial of Weingarten rights, employee was not required to disobey an unlawful directive to proceed without representation. more or view all topics or full text.	43	85	12/05/18
2599E	San Bernardino Community College District 602.06000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION); Generalized Effect or Continuing Impact 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. more or view all topics or full text.	43	85	12/05/18
2599E	San Bernardino Community College District 608.07000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; 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. more or view all topics or full text.	43	85	12/05/18
2599E	San Bernardino Community College District 608.07000: EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES; 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. more or view all topics or full text.	43	85	12/05/18
2599E	San Bernardino Community College District 1000.01000: SCOPE OF REPRESENTATION; 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. more or view all topics or full text.	43	85	12/05/18