UNION UNFAIR PRACTICES;RESTRAINT, COERCION, INTERFERENCE OR DISCRIMINATION – Other
Single Topic for Decision 2145M
Full Decision Text (click on the link to view): Full Text
801.08000 – Other
In ascertaining whether a misrepresentation by a party during an election campaign interferes with employee rights, PERB looks to whether the statement was made in a fraudulent manner that would prevent an employee from evaluating the truth of the statement. Union flyer instructing employees to give their mail ballots to a “trusted shop steward” did not interfere with employee rights because employees had ample means to learn the proper method for returning the ballot well before the ballot return date: the union immediately issued a corrected flyer, mailed a newsletter containing a correction to each bargaining unit member’s home, and ballot instructions were posted at the employer’s premises and included by PERB with the ballot itself.