EMPLOYER INTERFERENCE, RESTRAINT, COERCION; DEFENSES – Business Necessity

Single Topic for Decision 2654E

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In the area of employer rules and directives, PERB does not look favorably on broad, vague directives that might chill lawful speech or other protected conduct. (p. 20.) In cases involving broad no-contact directives, the employer bears the burden of proving the existence of an operational necessity for the directive as to that specific employee under the particular circumstances. (pp. 20-21.) The key to an appropriate directive is that it be tailored to the circumstances, particularly the unprotected conduct, at issue. (pp. 23-24.) A blanket prohibition on any communications with other District employees based on asserted concerns regarding harassment and intimidation is overbroad where the employee’s precipitating communication was neither harassing nor intimidating. (p. 23.)