EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS – In General; Prima Facie Case.
Single Topic for Decision 2134H
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401.01000 – In General; Prima Facie Case.
In order to establish a prima facie case of unlawful interference, the charging party must establish that the respondent’s conduct tends to or does result in some harm to employee rights granted under EERA. When an interference charge is based on the employer’s failure to follow the parties’ MOU, the Board will dismiss the charge if the employer demonstrates that it did, in fact, follow the MOU.