EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES – In General

Single Topic for Decision 2103M

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* * * OVERRULED IN PART ON OTHER GROUNDS by City of Sacramento (2013) PERB Decision No. 2351-M. * * *

Employer press release and website posting soliciting employees to rescind service credit purchases were not protected employer communications, as the statements went beyond merely informing employees of existing facts, views, arguments or opinions. Employer speech that is used as a means of violating the Act, or that evidences an attempt to bypass the exclusive representative is not entitled to protection