EMPLOYER INTERFERENCE, RESTRAINT, COERCION; DEFENSES – Business Necessity

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When an employer has produced a legitimate business reason for conduct that interferes with employee or union rights, PERB must balance the competing interests to determine whether a violation has occurred. Employer denied union officer further access to an employee assembly room on the ground that his presence was disruptive. Evidence showed that officer’s presence did not interfere with employer’s operations. Nor did the fact that the officer was discussing with employees a topic of concern to management, rest and meal periods, justify the denial because there was no evidence discussion of that subject actually impaired the employer’s operations.