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

Single Topic for Decision 2177H

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* * * OVERRULED by Contra Costa County Fire Protection District (2019) PERB Decision No. 2632-M, where the Board held that an employer who automatically and pre-emptively excludes union-represented employees from an otherwise negotiable benefit granted to unrepresented employees, unlawfully discriminates and interferes with protected rights. * * *

To establish a prima facie case of interference, the charging party must allege facts showing that the employer’s conduct tends to or does result in some harm to employee rights. Employer’s payment of a bonus only to non-represented employees was not interference per se and charge failed to allege facts showing that the payment could harm employee rights in some way. Employer’s communications about the bonus via e-mail and website did not constitute interference because they were not coercive.