Labor Relations: The Meet and Confer Process

Agencies should also have press releases reviewed by attorneys in advance. Agency representatives are advised to establish strong relationships with reporters in advance of a strike.

d. Other Types of Concerted Activity Other types of concerted activity may include the following:

 Work-to-Rule Campaigns Overly meticulous adherence to rules, including compliance with rules found to be impractical. Work-to-Rule campaigns are unprotected in California public sector if they result in failure to perform “normally required assigned and assigned adjunct duties.” 354  Slowdowns: Unprotected concerted activity under federal private sector labor law. 355 Slowdowns are unprotected in California public sector if they result in failure to perform “normally required assigned and assigned adjunct duties.” 356  Sit-ins: Seizure and retention of employer premises by employees, preventing the employer’s continued operation with replacement workers. Sit-ins are unprotected concerted activity under federal private sector labor law. 357  Sickouts: A labor action where employees refuse to work claiming they are sick. Sickouts are unprotected concerted activity in California public sector. 358 In the event of any type of illegal concerted activity, employers should immediately respond by requiring sick leave certification in accordance with agency policy, proceeding with disciplinary action and filing injunctions (or requesting PERB pursue it) to enjoin the illegal conduct, where appropriate.

Labor Relations: The Meet and Confer Process ©2019 (s) Liebert Cassidy Whitmore 79