EMPLOYER DOMINATION OR ASSISTANCE; DOMINATION OF OR ASSISTANCE TO LABOR ORGANIZATIONS – Favoritism; Contract Ban on Distribution or Solicitation; Unequal Treatment of Unions; Preferential Access; Duty of Strict Neutrality

Single Topic for Decision 2164M


View all topics for Decision 2164M

Full Decision Text (click on the link to view): Full Text

700.00000 – EMPLOYER DOMINATION OR ASSISTANCE; DOMINATION OF OR ASSISTANCE TO LABOR ORGANIZATIONS
700.07000 – Favoritism; Contract Ban on Distribution or Solicitation; Unequal Treatment of Unions; Preferential Access; Duty of Strict Neutrality

To state a prima facie case of unlawful domination or interference, the charging party must allege facts that demonstrate that the employer’s conduct tends to interfere with the internal activities of an employee organization or tends to influence the choice between employee organizations. The mere fact that lead worker had authority to perform some supervisory duties was insufficient to establish that lead worker had apparent authority to act on behalf of the employer in circulating a petition seeking to restrict union’s access to bargaining unit employees. Employee’s own knowledge and approval of petition is insufficient to impute knowledge and approval of conduct to the employer.