EMPLOYER INTERFERENCE, RESTRAINT, COERCION; EMPLOYER INTERFERENCE WITH, RESTRAINT, OR COERCION OF EMPLOYEES – In General; Standards
Single Topic for Decision 2361M
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400.01000 – In General; Standards
Since unlawful motivation is not an element of an interference claim, the employer’s knowledge of whether or not it was interfering with employees’ rights under the MMBA is of no relevance. Whether or not commanders knew, or should have known, that they were interfering with rights protected under the MMBA is of no consequence to our analysis. Even the County’s version of what employee told commanders, together with the plain language of union attorney’s letter, were sufficient for the ALJ to determine that a reasonable person would conclude that the jail yard fight incident was the subject of an internal union discussion and the department’s repeated inquiry interfered with employee rights. Employer conduct which tends to chill reporting of concerns to union representatives interferes with employee and union rights.