EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS – Rights Pertaining to Exclusivity (See also 603)

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Contrary to the District’s assertion, the test for whether a respondent has interfered with the rights of employees under EERA does not require that unlawful motive be established, only that at least slight harm to employee rights results from the conduct. In this matter, the District’s failure to notify CSEA of the October 9 election, plan to implement the election results, and failure to provide CSEA with the ability to negotiate interfered with unit members’ rights to representation under EERA section 3543.5(a).