EMPLOYER INTERFERENCE, RESTRAINT, COERCION; DEFENSES – Union or Employee Misconduct

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This case is distinguishable from Upland Police Officers Association et al. v. City of Upland (2003) 111 Cal. App. 4th 1294 [4 Cal. Rptr. 3d 629], in which the union attorney for a police officer postponed several meetings before the police department informed the officer that he could select another representative. In the instant matter, McCormick did not seek to postpone the hearing or otherwise interfere with the hearing but rather to remain in the hearing as a representative. The City’s concern that the union’s request for multiple representatives might prove disruptive is highly exaggerated and not a valid basis for interfering with protected rights.