EMPLOYER INTERFERENCE, RESTRAINT, COERCION; DEFENSES – Free Speech

Single Topic for Decision 1188H

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PERB applies an objective standard to determine if an employer's speech contains a threat or promise of benefit, view the employer's statement in light of the surrounding circumstances and places considerable weight on the accuracy of the speech; p. 23. When it was clear PERB would not certify an exclusive representative before the employer granted a pay increase, the employer's statement that if employee's elected an exclusive representative their pay increase would be subject to bargaining described consequences of a union victory that did not flow naturally from the collective bargaining relationship and were totally within the employer's control. Therefore, the speech contained a threat of reprisal and lost its free speech protection; p. 26. Employer's good faith understanding of its bargaining obligation is irrelevant. Employer's good faith understanding of its bargaining obligation is irrelevant.