EMPLOYER INTERFERENCE, RESTRAINT, COERCION; DEFENSES – Discontinuance of Illegal Activity; Retraction; Repudiation; Public Disavowal
Single Topic for Decision 2485E
Full Decision Text (click on the link to view): Full Text
409.03000 – Discontinuance of Illegal Activity; Retraction; Repudiation; Public Disavowal
Although the employer’s representative allegedly clarified that its e-mail message stating a categorical ban on distributing union literature was intended to address questions from school principals and “was not intended to be shared with staff,” school district did not rebut prima facie case where it never claimed to have publicly and unequivocally disavowed either any inadvertent distribution of the message to teachers or its enforcement by one school principal. Additionally, unless an affirmative defense is established on undisputed facts as a matter of law, it will not rebut a prima facie case at the charge investigation stage of PERB’s unfair practice proceedings.