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

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In order to prove interference in violation of MMBA section 3506, a charging party must prove the following: (1) the charging party was engaged in a protected activity; (2) the employer engaged in conduct which tends to interfere with, restrain or coerce employees in the exercise of that activity, and (3) the employer’s conduct was not justified by legitimate business reasons. In an election setting, the charging party need not prove evidence of actual coercion by the employer; rather, the charging party need only prove the employer’s conduct would reasonably tend to coerce or interfere with employee choice.