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

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400.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; EMPLOYER INTERFERENCE WITH, RESTRAINT, OR COERCION OF EMPLOYEES
400.01000 – In General; Standards

Initially, the Board laid out a single test to establish a violation of both the interference and discrimination prohibitions. (See Carlsbad Unified School District (1979) PERB Decision No. 89.) Clearly, the Board was influenced by the standard set forth in NLRB v. Great Dane Trailers (1967) 388 U.S. 26. In Novato Unified School District (1982) PERB Decision No. 210, the Board clarified the separate standards of proof for interference and discrimination violations. No evidence established that the difference in dental benefit costs for union and non-union members resulted in actual harm to the rights of union members.