EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS – Discrimination Favoring Organization Over Another
Single Topic for Decision 1270E
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401.02000 – Discrimination Favoring Organization Over Another
EERA section 3543.5(d) makes it unlawful for an employer to "in any way encourage employees to join any organization in preference to another." The test is "whether the employer's conduct tends to influence that choice (between employee organizations) or provide stimulus in one direction or the other"; No violation where the employer tells a union representative to "get the hell out" of a meeting; p. 63, proposed dec. Employer statement of support for a decertifying union not a violation if only made to nonemployee business agent for incumbent union.