EMPLOYER INTERFERENCE, RESTRAINT, COERCION; DEFENSES – Business Necessity

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Like PERB, the California Court of Appeal has held that the “inherently destructive”/“comparatively slight” framework from NLRB v. Great Dane Trailers, Inc. (1967) 388 U.S. 26, may be appropriate in interference cases, as when an employer applies workplace rules that, regardless of motive, have the effect of penalizing employees who are distinguishable only by their prior participation in protected activity. (M.B. Zaninovich, Inc. v. Agricultural Labor Relations Bd. (1981) 114 Cal.App.3d 665, 670, 675–676.) Additionally, the California Supreme Court has held that wholesale replacement of unionized with non-union employees is inherently destructive under Great Dane and similar cases, because it “has a manifest and substantial adverse impact on organizational rights.” (Rivcom Corp. v. Agricultural Labor Relations Bd. (1983) 34 Cal.3d 743, 758.) (pp. 70-71.)