PERB Decision No. 0183H•University of California at Berkeley (Wilson) * * * SUPERSEDED first by Decision 183a-H, then by Decision 420-H, and finally by the U.S. Supreme Court, 485 U.S. 589 (PERB 0183H)
University of California at Berkeley (Wilson) * * * SUPERSEDED first by Decision 183a-H, then by Decision 420-H, and finally by the U.S. Supreme Court, 485 U.S. 589 (PERB 0183H)
PERB Decision No. 0183HCalperb25 de nov. de 1981
Texto completo
SUPERCEDED first by Decision 183a-H, then by Decision 420-H, and finally by the U.S. Supreme Court, 485 U.S. 589 STATE OF CALIFORNIA DECISION OF THE PUBLIC EMPLOYMENT RELATIONS BOARD WILLIAM H. WILSON, Charging Party, V • UNIVERSITY OF CALIFORNIA AT BERKELEY, Respondent. ) } ) ) ) ) ) ) ) _____________________ ) Case No. SF-CE-4-H PERB Decision No.183-H November 25, 1981 Appearances: Andrew Thomas Sinclair, Attorney (Sinclair & Clancy) for William H. Wilson; Susan M. Thomas, Attorney for Regents of the University of California at Berkeley. Before Gluck, Chairperson; Jaeger and Moore, Members. DECISION The instant case comes before the Public Employment Relations Board (hereafter Board or PERB) on exceptions taken by the University of California at Berkeley (hereafter University) to the proposed hearing officer's decision. In that decision, the hearing officer determined that William H. Wilson, as an individual and on behalf of the American Federation of State, County and Municipal Employees, Local 371 (hereafter AFSCME), sustained its charge that the University violated subsections 357l(a) and (b) of the Higher Education Employer-Employee Relations Act (hereafter HEERA or Act) and dismissed AFSCME 1 s allegation with regard to
subsection
357l(d).l
AFSCME
did not
submit
exceptions
to
the
hearing
officer's
dismissal
of
the
allegation
regarding
subsection
357l(d)
of the
Act,
and
we
therefore
make
no
ruling
on
this
charge.
The
Board
has reviewed
the record
and
concludes
that
the
hearing
officer's
procedural
history
and
findings
of
fact
as
set
forth
in
the
proposed
decision, attached hereto,
are
free
1
The
HEERA
is
codified
at
Government
Code
section
3560
et.
seq. All
statutory
references hereafter
are
to
the
Government
Code
unless otherwise
indicated.
_
Subsections 357l{a),
(b)
and
(d)
provide:
It
shall
be
unlawful for the higher
education
employer
to:
(a) Impose
or
threaten to
impose
reprisals
on
employees,
to discriminate
or
threaten to
discriminate against
employees, or
otherwise
to
interfere
with,
restrain,
or coerce
employees because
of
their exercise of
rights
guaranteed
by
this
chapter.
(b) Deny
to
employee
organizations rights
guaranteed to
them by
this
chapter.
(d)
Dominate
or
interfere
with
the
formation or
administration of
any employee
organization,
or
contribute financial
or
other support
to
it,
or in
any
way
encourage
employees
to join
any
organization in
preference to another; provided,
however,
that subject to rules
and
regulations
adopted
by
the board
pursuant to
Section
3563, an employer
shall
not
be
prohibited
from
permitting
employees
to
engage
in meeting and
conferring or
consulting during working hours without loss
of
pay or benefits.
2from prejudicial error and are adopted by the Board itself.2 Further, we affirm the hearing officer's conclusions of law as modified below. DISCUSSION In accordance with the hearing officer's determination, we find that section 3568 of HEERA3 entitles AFSCME to use of the University's internal mail system. The University may not insist that organizational material be stamped and sent through the United States Postal Service. We note that the University has expressed concern regarding the fact that, as currently maintained, the internal mail system utilizes supervisors to distribute mail. An employer has the right to protect itself against potential charges that its supervisory personnel are engaged in organizational activities or rendering assistance to an employee organization. Further, an employer may, as a· 2In 1ts exceptions, the University correctly identifies certain inaccuracies in the hearing officer's recitation of the facts. We find, however, that the factual summary is free from prejudicial error. 3section 3568 provides: Subject to reasonable regulations, employee organizations shall have the right of access at reasonable times to areas in which employees work, the right to use institutional bulletin boards, mailboxes and other means of communication, and the right to use institutional facilities at reasonable times for the purpose of meetings concerned with the exercise of the rights guaranteed by this act. 3
matter of policy, require its supervisory employees to maintain its neutrality with respect to organizational activity. (State of California (Department of Forestry) (9/21/81) PERB Decision No. 174-S.) We conclude that an employer is permitted to structure its internal mail system in order to avoid conduct which may be prohibited by the Act. Thus, while we do not depart from our ruling that AFSCME is entitled to utilize the University's internal mail system, the University may devise, consistent with its statutory obligations, an alternative method of mail distribution which will not require supervisory employees to deliver the organizational materials. ORDER Based upon the foregoing facts, conclusions of law and the entire record in this case, it is found that the University of California at Berkeley has violated subsections 357l(a) and (b) of the Higher Education Employer-Employee Relations Act by denying the American Federation of State, County and Municipal Employees, Local 371, access to the University's internal mail system at the Berkeley campus. It is hereby ORDERED that the University and its representatives shall: (1) CEASE AND DESIST FROM: (a) Denying employee organizations access to its internal mail system for the purpose of communicating with employees; 4
(b) Interfering with employees' rights to participate in employee organization affairs by receiving communications from such organizations. (2) TAKE THE FOLLOWING AFFIRMATIVE ACTION WHICH IS NECESSARY TO EFFECTUATE THE POLICIES OF THE ACT: (a) Within five (5) workdays of date of service of this decision, post copies of the Notice, as set forth and attached hereto in the Appendix, at its headquarters office and in all locations on the Berkeley campus where notices to employees are customarily placed. Such posting shall be maintained for a period of thirty (30) consecutive workdays. Reasonable steps should be taken to insure that said Notices are not reduced in size, altered, defaced or covered by any other materials; and (b} At the end of thirty-five (35) workdays from date of service of this Decision, notify the San Francisco regional director of the Public Employment Relations Board in writing of the action the University has taken to comply with this Order. It is further ordered that the alleged violation of subsection 357l(d) of the Act is DISMISSED. By: Barbara D. Moore, Member V°John W. Jaeger, Member ft ~ Chairper"s~ ,5
APPENDIX NOTICE TO EMPLOYEES POSTED BY ORDER OF THE PUBLIC EMPLOYMENT RELATIONS BOARD An Agency of the State of California After a hearing in Unfair Practice Case No. SF-CE-4-H in which both parties participated, it has been found that the University of California at Berkeley violated subsections 357l(a) and (b) of the Higher Education Employer-Employee Relations Act by unreasonably denying the American Federation of State, County and Municipal Employee, Local 371, use of the University's internal mail system for the purpose of communicating with employees on the Berkeley campus. As a result of this conduct, we have been ordered to post this Notice by the Public Employment Relations Board. We will: CEASE AND DESIST FROM: 1. Denying employee organizations access to the University internal mail system for the purpose of communicating with employees on the Berkeley campus, and 2. Interfering with employees' rights to participate in employee organization affairs by receiving communications from such organizations. Dated: UNIVERSITY OF CALIFORNIA AT BERKELEY By: -=---~--"T"""-=-::----.,...----,:--:-:c------,------:-:- Au tho r 1 zed Agent of the Universit - y THIS IS AN OFFICIAL NOTICE. IT MUST REMAIN POSTED FOR 30 CONSECUTIVE WORKDAYS FROM THE DATE OF POSTING AND MUST NOT BE REDUCED IN SIZE, DEFACED, ALTERED OR COVERED BY ANY MATERIAL.
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