Headnote for 2104M, 401.02000 - Discrimination Favoring Organization Over Another - California Public Employment Relations Board

EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS – Discrimination Favoring Organization Over Another

Single Topic for Decision 2104M

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401.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS
401.02000 – Discrimination Favoring Organization Over Another

No interference with employee free choice in selection of a bargaining agent where the employer retracted a 1% COLA that was implemented by clerical error on employee classifications that had moved to a new bargaining unit and were no longer covered by the MOUs of the units they migrated from, and were not entitled to the 1% increase provided for therein. The employer continued to bargain in good faith over a new MOU covering the new bargaining unit. The charge made no allegation of discrimination or retaliation, and made no claim that the employer’s conduct had a material effect on employee free choice.