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

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A prima facie case of interference is established by evidence that an employer’s conduct tends to or does result in some harm to employee rights under our statutes. Once a charging party has established a prima facie case of interference, the burden shifts to the employer. The employer’s burden is dictated by the degree of harm involved. Where the employer’s conduct causes or tends to cause only slight harm to protected rights, the employer may justify its actions based on “operational necessity,” and PERB will then balance the employer’s asserted interests against the harm to protected rights; if the harm to employee rights outweighs the asserted business justification, a violation will be found. On the other hand, if the harm is “inherently destructive of protected rights,” the employer must show that the interference was caused by circumstances beyond its control and that no alternative course of action was available. (pp. 3-4.)