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.
The focus of an interference allegation is on the actual or reasonably likely harm of an employer’s conduct to the protected rights of employees, employee organizations, or both. The employer’s motive, intent or purpose is not part of a prima facie case of interference and issues regarding the employer’s subjective state of mind are only germane at all in an interference case where the employer has asserted as an affirmative defense that it acted in good faith for a bona fide business purpose, i.e., for determining whether the employer acted for the reason it has asserted. While the analysis differs depending upon the nature or severity of likely harm ascribed to the employer’s conduct, regardless of how one gets there, an interference violation will be found when the resulting harm to protected rights outweighs the business justification or other defense asserted by the employer.