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

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EERA section 3543 protects public school employees’ right to “form, join, and participate in the activities of employee organizations” in matters concerning employer employee relations. PERB’s interference test does not require evidence of unlawful motive, only that the employer conduct at issue has a tendency to create at least “slight harm” to employee rights. (Los Angeles Community College District (2014) PERB Decision No. 2404, p. 5; Simi Valley Unified School District (2004) PERB Decision No. 1714, p. 17.) To establish a prima facie case, the charging party must demonstrate that the employer’s conduct tends to or does result in harm to employee rights. (Carlsbad Unified School District (1979) PERB Decision No. 89, p. 10 (Carlsbad).) If the prima facie case is established, PERB balances the degree of harm to protected rights against any legitimate business interest asserted by the employer. (Hilmar Unified School District (2004) PERB Decision No. 1725, p. 17, citing Carlsbad, supra, at pp. 10-11.) “Where the harm is slight, the Board will entertain a defense of operational necessity and then balance the competing interests.” (Ibid.) “Where the harm is inherently destructive [of protected rights], the employer must show the interference was caused by circumstances beyond its control.” (Ibid.)