EMPLOYER INTERFERENCE, RESTRAINT, COERCION; EMPLOYER INTERFERENCE WITH, RESTRAINT, OR COERCION OF EMPLOYEES – In General; Standards

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The test for whether a respondent has interfered with the rights of employees under the EERA does not require that unlawful motive be established, only that at least slight harm employee rights results from the conduct. The principal’s conduct (the frequency, nature and tenor of her observations of the teacher’s classroom) harmed the teacher’s protected rights to act as a site representative, to challenge policies as violative of protected rights (unilateral changes in hours and terms and conditions of employment), and to request union representation.