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

Single Topic for Decision 2654E

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Interference does not require evidence of unlawful motive, only that the employer conduct at issue tends to or does create at least slight harm to employee rights. If the prima facie case is established, PERB balances the degree of harm to protected rights against any legitimate and substantial business justification asserted by the employer. (p. 20, 22.)