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

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In Coast Community College District (1982) PERB Decision No. 251, the Board distinguished between the Carlsbad interference and Novato discrimination standards, but also explained that, employer conduct directed against union officials or organizers may be appropriately analyzed under either or both standards, as such conduct not only constitutes discrimination, but also “clearly interferes with the right of employees to form and participate in employee organizations.” (Id. at p. 20; Carlsbad Unified School District (1979) PERB Decision No. 89; Novato Unified School District (1982) PERB Decision No. 210.) Accordingly, under PERB precedent, and unlike private-sector precedent, such conduct may be deemed “inherently destructive” for either a discrimination or interference allegation. (p. 60, fn. 25.)