EMPLOYER DOMINATION OR ASSISTANCE; DOMINATION OF OR ASSISTANCE TO LABOR ORGANIZATIONS – In General

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* * * 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 decertifying union not a violation if only made to nonemployee business agent for incumbent union.