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

View all topics for Decision 2632M

Full Decision Text (click on the link to view): Full Text

An interference violation may be found only where the pertinent PERB-administered statute provides the right(s) asserted by the charging party. Consequently, while an interference allegation may arise from an employer’s bargaining conduct, it cannot expand or otherwise alter the scope of the employer’s duty to meet and confer in good faith. (MMBA, §§ 3504, 3505.) [At the same time e]stablishing a bargaining violation is not a prerequisite for proving up an independent interference or discrimination allegation, even when the latter arises from the employer’s bargaining conduct. The MMBA prohibits public agencies from taking actions which are otherwise entirely lawful, when undertaken for an unlawful discriminatory purpose, or, in interference cases, with an unlawful coercive effect without regard to intent. Even where it has unquestioned discretion to act, a public agency is not free to exercise its authority in a manner that violates the rights of employees or employee organizations.