EMPLOYER INTERFERENCE, RESTRAINT, COERCION; EMPLOYER INTERFERENCE WITH, RESTRAINT, OR COERCION OF EMPLOYEES – Right Not to Participate

Single Topic for Decision 1738M

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Employee engaged in protected activity by abstaining from participation in the Association. The benefit policy in question tended to interfere with non-Association employees by denying them a benefit opportunity. The more the employees needed or wanted that benefit opportunity, the more they were coerced into abandoning their protected activity of non-participation in the Association, and the employer had no legitimate business justification for that policy. (adopting proposed decision at p. 11.)