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

Single Topic for Decision 2106Sa

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* * * OVERRULED IN PART ON OTHER GROUNDS by Los Angeles County Superior Court (2018) PERB Decision No. 2566-C. * * *

To establish a prima facie case of interference under Carlsbad Unified School District (1979) PERB Decision No. 89, the charging party must establish that the employer’s conduct tends to or does result in some harm to employee rights. The employer’s provision of lower cost dental benefits to non-union member employees established a prima facie case of interference with employee rights because the cost difference may influence an employee’s decision to join the union.