EMPLOYER INTERFERENCE, RESTRAINT, COERCION; DEFENSES – Union or Employee Misconduct

Single Topic for Decision 0224E

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Teachers were improperly disciplined for distributing leaflets (at graduation) which were critical of District's fiscal management. Content of leaflets and activity of teachers did not lose protected status since their efforts related to legitimate labor dispute. Fact that the issues are not negotiable subjects not determinative since they are matters on which the union has consultation rights. Thus, teachers' actions fell within right to participate in activities of employee organization. Leaflet not opprobious, malicious or defamatory in context; pp. 5-7.