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

Single Topic for Decision 1278E


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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

Where employer included rival employee organization's severance presentation on the official schedule for a week of mandatory peace officer training on the day before window period began, the Board found that the employer's actions gave the impression that the severance presentation was part of the mandatory training or, at the very least, that the employer supported the severance presentation, in violation of employer's duty of strict neutrality; p. 9. Employer statement that decertification presentation was voluntary was insufficient to undo the effects of the employer's decision to place the decertification presentation on the schedule for mandatory in- service training. Employer made statement just before the start of the decertification presentation but made no effort to retract the offending training schedule and took no other action to assuage the appearance that is supported the decertification effort; pp. 10-11. offending training schedule and took no other action to assuage the appearance that is supported the decertification effort; pp. 10-11.