EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS – Investigatory Interviews

Single Topic for Decision 2567E

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Having attempted for more than two weeks to schedule the investigative meeting with Charging Party and his preferred representative, the ALJ appropriately concluded that the employer was not obligated to further delay the meeting, and that a message from its human resources official lawfully deferred to the exclusive representative to determine which of its agents would be available to represent the Charging Party in the investigative meeting. The employer’s message did not interfere with the protected right to choose a representative because, under the circumstances, any choice of a representative was for the exclusive representative and not for the Charging Party to make. (p.8.) To prevail in a case alleging interference, the charging party must show that the employer engaged in conduct that tends to or does result in at least slight harm to rights guaranteed by EERA and that, on balance, the resulting harm to protected rights outweighs any legitimate business justification asserted by the employer. An interference violation may only be found where the pertinent statute provides the rights claimed by the charging party. (pp. 4-5.)