201905.10
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May 2019 Newsletter – Community College Districts

Avoiding Interference Charges: Revisiting the No-Contact Directive In a recent decision, Zink v. San Diego Unified School District (Zink), March 22, 2019, the Public Employment Relations Board (PERB Decision No. 2634) has further established the permissible scope of employee directives during investigatory and disciplinary interviews. Following the decision in Perez v. Los Angeles Community College…

201903.12
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March 2019 Newsletter – Community College Districts

Employees Right to Union Representation In California School Employees Association & It’s Chapter 291 v. San Bernardino Community College District, December 5, 2018, the Public Employment Relations Board issued a decision (PERB Decision No 2599) that further clarified when an employee’s right to union representation arises. In Decision 2599, PERB found that once an employee…

201902.07
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February 2019 Newsletter – Community College Districts

Investigatory Questioning and Interference with EERA-Protected Rights In a recent decision, PERB refined the boundaries regarding an employer’s investigatory inquiries of an employee who also serves as a union representative. In adopting the NLRB’s Cook Paint & Varnish Co. standard, PERB limited the scope of investigatory questioning into conversations between union representatives and the unit members who…

201901.03
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January 2019 Newsletter – Community College Districts

Employer’s Conduct During the Decision-Making Process Evidences Unlawful Motive In Retaliation Charge In a recent decision, the Public Employment Relations Board (PERB) issued a decision that provides yet another cautionary tale to employers when disciplining employee who recently exercised their union rights. In California Virtual Academies (Sept. 21, 2018) PERB Decision No. 2584, PERB scrutinized the…

201811.12
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November 2018 Newsletter – Community College Districts

Employee Email and EERA Protections PERB continues to refine the contours of employee access and use of employer-provided email systems after adopting the NLRB’s Purple Communications standard, discussed in our September newsletter. A new decision illuminates the type of conduct that may constitute retaliation and interference with EERA-protected rights. In Chula Vista Elementary School District…

201809.05
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September 2018 Newsletter – Community College Districts

Employer E-Mail System, Employee Forum Do employees have the right to communicate about their working conditions on an employer-supplied e-mail system? The National Labor Relations Board previously addressed the question in Register Guard ((2007) 351 NLRB 1110), finding that employees had no statutory right to access and use the employers e-mail system for Section 7…

201807.11
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July 2018 Newsletter – Community College Districts

The Impact of Janus and California’s Legislative Reaction The last week of June saw two developments that may have an impact on continued labor relations with employee representatives. Supreme Court Rules “Agency Fees” Are Unconstitutional In a decision issued on Wednesday, June 27, 2018 (Janus v. American Federation of State, County, and Municipal Employees, Council…

201806.01
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June 2018 Newsletter – Community College Districts

Hitting Pause on a Classified Employees Probationary Period A recent decision in the California Fourth Appellate District has answered the question, “can our district extend the probationary period of a classified employee that was out on medical leave?” In Hernandez v. Rancho Santiago Community College Dist. (May 3 2018) 22 Cal.App.5th 1187, the court was…