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

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In Carlsbad Unified School District (1979) PERB Decision No. 89, the Board expressly rejected the National Labor Relations Act’s bifurcation of interference and discrimination allegations in favor of a single, comprehensive test covering all employer violations of employee rights, regardless of whether the conduct at issue is characterized as reprisal, discrimination, interference, restraint, coercion, or a threat to engage in such conduct. Although PERB has since adopted and refined other tests for employer violations of employee rights, it has never overruled the holding in San Dieguito Union High School District (1977) EERB Decision No. 22, as modified and affirmed by Carlsbad, that a single, comprehensive test applies for all employer violations of employee rights. To the contrary, because the employee rights and employer unfair practice provisions of HEERA and other PERB-administered statutes are virtually identical to those in EERA, PERB has repeatedly extended the Carlsbad test to the other PERB-administered statutes. (pp. 54-55.)