EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS – In General; Prima Facie Case.
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401.01000 – In General; Prima Facie Case.
The threshold test in analyzing allegations of violations of section 3519(d) is "whether the employer's conduct tends to influence [free] choice or provide stimulus in one direction or another," citing Santa Monica Community College District (1979) PERB Decision No. 103; or interferes with the formation or administration of the union; p. 3, warning letter. Section 3519(d) does not address interference with union activities or discrimination based on protected activities; p. 3, warning letter.