EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS – In General
Single Topic for Decision 1274E
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408.01000 – In General
In order to establish a prima facie case of unlawful interference, the charging party must establish that the respondent's conduct tends to or does result in some harm to employee rights granted under EERA. The statutory right of self-representation falls short of the right to resort to the arbitration process. Under the statute and Board precedent, this contractual limitation does not violate charging party's section 3543 rights, and this allegation must be dismissed. District's agreement to contract language which denies employees the right to have a representative of the employee's choice in grievance meetings fails to state a prima facie violation; pursuant to Chaffey, No. 202 and despite Valley of the Moon, No. 1165.