EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS – In General; Prima Facie Case.
Single Topic for Decision 0410E
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401.01000 – In General; Prima Facie Case.
Employer removal of union Pepsi machine was not unlawful, even if for retaliatory reasons. In order to establish a violation, employee organization must establish the "rights guaranteed by this chapter" were at issue. Organization has no right to maintain a soft drink machine for its own profit on employer's property. Operation of the machine could constitute unlawful assistance.