EMPLOYER DOMINATION OR ASSISTANCE; DOMINATION OF OR ASSISTANCE TO LABOR ORGANIZATIONS – Favoritism; Contract Ban on Distribution or Solicitation; Unequal Treatment of Unions; Preferential Access; Duty of Strict Neutrality
Single Topic for Decision 0214E
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700.07000 – Favoritism; Contract Ban on Distribution or Solicitation; Unequal Treatment of Unions; Preferential Access; Duty of Strict Neutrality
PERB will find a 3543.5(a) violation when employer's acts tend to result in some harm to employee rights and the employer is unable to justify its actions by proving operational necessity. Negotiation sessions between District and an organization of supervisors, created at District's suggestion, during election campaign of another union seeking to represent supervisors did, in fact, tend to harm protected rights under the Act; p. 7. Operational necessity argument - that District was compelled to meet with supervisors pursuant to EERA section 3543.1(a) - rejected. District met with supervisors exclusively during question concerning representation. Strict neutrality by Employer, required under circumstances, not shown; p. 9.