UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES – Individual/Concerted/Activities/Self-Representation

Single Topic for Decision 1275E

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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. On its face, 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.