EMPLOYER DOMINATION OR ASSISTANCE; DOMINATION OF OR ASSISTANCE TO LABOR ORGANIZATIONS – Management Aid or Instigation in Forming Unions Committees, Etc.; Statements in General; Free Speech
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700.04000 – Management Aid or Instigation in Forming Unions Committees, Etc.; Statements in General; Free Speech
Section 3543.5(d) violation found where: District suggested to employees that they form a "Supervisory Council" when it was aware of representation effort by another union on behalf of supervisory employees; District met on regular basis with the Council, during working hours, on District facilities; the Council in effect negotiated with the District over matters within scope of representation; other union was excluded from the negotiation process; during election campaign, superintendent announced if the other union won, "discussions" (negotiations over items discussed with Council) would have to start all over again. Fact that Council was not a petitioner in the election does not affect finding of violation; pp. 4-5.