EMPLOYER INTERFERENCE, RESTRAINT, COERCION; THREATS OR PROMISES – Promise of or Withholding of Benefits

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. * * *

Employer’s communications via e-mail and website about a bonus paid only to non-represented employees were not threatening because, despite the inability of the employer and union to reach agreement at the bargaining table, the context in which the communications were made did not support an inference that the employer’s statements promised a benefit to employees if they renounced union representation.