EMPLOYER INTERFERENCE, RESTRAINT, COERCION; EMPLOYER INTERFERENCE WITH, RESTRAINT, OR COERCION OF EMPLOYEES – In General; Standards

Single Topic for Decision 2593H

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A prima facie case of interference will be found when the employer has engaged in conduct that tends to or does result in at least slight harm to rights guaranteed by the statute. The employer then has the burden of demonstrating operational necessity or circumstances beyond the employer’s control as justification for the conduct. The scrutiny with which the employer’s conduct will be examined depends on the severity of the harm. If the harm to protected rights is slight, a violation will be found unless the employer’s business justification outweighs the harm to protected rights. If the employer’s conduct is, instead, inherently destructive of protected rights, it will be excused only on proof that it was occasioned by circumstances beyond the employer’s control and that no alternative course of action was available.