EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS – In General; Prima Facie Case.
Single Topic for Decision 2697M
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401.01000 – In General; Prima Facie Case.
In following Bill Johnson’s Restaurants, Inc. v. NLRB (1983) 461 U.S. 731 (Bill Johnson’s). PERB has held that an employer’s decision to litigate claims against a union is generally not an unfair practice, unless the union can demonstrate that the claim had no reasonable basis and was subjectively motivated by an unlawful purpose. (County of Riverside (2018) PERB Decision No. 2591-M, p. 7, fn. 5; State of California (State Personnel Board) (2004) PERB Decision No. 1680-S, adopting warning letter at pp. 2-4; Rim of the World Unified School District (1986) PERB Order No. Ad-161, pp. 16-18; Bill Johnson’s Restaurants, supra, 461 U.S. at pp. 745-747.)