EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS – In General; Prima Facie Case.
Single Topic for Decision 2632M
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401.01000 – In General; Prima Facie Case.
Employer statements or other conduct containing a threat of reprisal or force or a promise of benefit on the basis of protected activity are unprotected and constitute a prima facie case of interference, coercion or restraint. (City of Oakland (2014) PERB Decision No. 2387-M, pp. 25-26; Rio Hondo Community College District (1980) PERB Decision No. 128, pp. 18-20; NLRB v. Exchange Parts Co. (1964) 375 U.S. 405, 409-410.) Employer statements that convey the impression that collective bargaining is futile may also reasonably tend to discourage participation in protected activity and thereby interfere with the rights of employees and/or employee organizations.