EMPLOYER INTERFERENCE, RESTRAINT, COERCION; DEFENSES – Business Necessity

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Overruling in part State of California (Department of Corrections & Rehabilitation) (2012) PERB Decision No. 2285-S, p. 14, Board clarified that it does not adhere to a “general rule” that investigations into employee misconduct serve a legitimate business purpose. Rather, PERB examines the facts and circumstances of each specific case in determining the extent to which the employer has demonstrated a legitimate purpose that outweighs any tendency the investigation may have to coerce employees or labor organizations in the exercise of protected rights.