EMPLOYER INTERFERENCE, RESTRAINT, COERCION; DEFENSES – Union or Employee Misconduct

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Factors which PERB considers where an employer asserts it had reasonable grounds for believing that an employee engaged in misconduct that was intertwined with arguably protected conduct may vary from caes where employer asserts a business justification defense. (See p. 5, citing Chula Vista Elementary School District (2018) PERB Decision No. 2586, pp. 30-31 [employer may investigate if it has a valid reason for legitimately believing employee went beyond the bounds of protected activity and engaged in misconduct, but if employer subsequently learns that the facts do not support this belief, the employer must immediately cease the investigation and notify all affected employees regarding its outcome]; County of San Bernardino (2018) PERB Decision No. 2556-M, pp. 22-23 [employer’s surveillance unlawful, even though it was intended to document a union’s potential access violation, because the underlying access policy was not lawful].)