EMPLOYER INTERFERENCE, RESTRAINT, COERCION; THREATS OR PROMISES – In General

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. * * *

An employer’s statement interferes with employee rights when it contains a threat of reprisal or force, or promise of benefit. Employer’s communications via e-mail and website about a bonus paid only to non-represented employees were not coercive because they did not contain a threat or promise, and no threat or promise could be implied from the circumstances surrounding the communications.