Headnote for 1270E, 401.02000 - Discrimination Favoring Organization Over Another - California Public Employment Relations Board

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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401.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS
401.02000 – Discrimination Favoring Organization Over Another

* * * OVERRULED IN PART ON OTHER GROUNDS by Contra Costa Community College District (2019) PERB Decision No. 2652. * * *

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.