EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS – Grievances/Grievance Procedure
Single Topic for Decision 2409C
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408.02000 – Grievances/Grievance Procedure
EERA includes the right of employee organizations to represent their members in a formal grievance proceeding. There is a right to represent and be represented at grievance-type meetings, regardless of whether the circumstances are “highly unusual,” because of the rights guaranteed by EERA sections 3540, 3543(a) and 3543.1(a). EERA and other statutes PERB administers have as their purpose the improvement of employer-employee relations and communication between employees and public agency management through representation by employee organizations on all matters of employee-employer relations. Such purpose cannot be achieved unless employees have a right to summon their employee organization representatives to represent them in meetings convened to discuss enforcement of the CBA.