EMPLOYER INTERFERENCE, RESTRAINT, COERCION; DEFENSES – Business Necessity

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The summary manner in which union organizers were ordered to leave their meetings amounted to at least slight harm to both the Union’s right to communicate with employees and to employees’ right to participate in these meetings, thereby triggering the Carlsbad Unified School District (1979) PERB Decision No. 89 test. Under that test, the University simply failed to justify its actions as a legitimate operational necessity.