EMPLOYER INTERFERENCE, RESTRAINT, COERCION; EMPLOYER INTERFERENCE WITH, RESTRAINT, OR COERCION OF EMPLOYEES – In General; Standards
Single Topic for Decision 0263E
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400.01000 – In General; Standards
* * * CLARIFIED BY Service Employees International Union Local 1021 v. Alameda Health System, PERB Decision No. XXXX, which rejected any automatic rule that an employer’s affirmative defense to retaliation automatically negates the possibility of harm under a related but independent interference allegation, and clarified that an employer’s business defense is properly considered as part of the Carlsbad balancing analysis. (p. 30, fn. 14,) * * *
Association unable to prove that employer's transfer of two union activists was "inherently destructive" of employee rights; inasmuch as the transfers were nondiscriminatory, there was no interference with any employee right guaranteed by EERA; pp. 8-9.