EMPLOYER DOMINATION OR ASSISTANCE; DOMINATION OF OR ASSISTANCE TO LABOR ORGANIZATIONS – Management Aid or Instigation in Forming Unions Committees, Etc.; Statements in General; Free Speech

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700.00000 – EMPLOYER DOMINATION OR ASSISTANCE; DOMINATION OF OR ASSISTANCE TO LABOR ORGANIZATIONS
700.04000 – Management Aid or Instigation in Forming Unions Committees, Etc.; Statements in General; Free Speech

MMBA section 3506.5, subdivision (d) proscribes public agencies from “interfer[ing] with the . . . administration of any employee organization.” While much PERB precedent addresses an employer’s duty to remain strictly neutral when two different employee organizations are in competition with each other, an employer also may violate this clause by interfering in an employee organization’s internal affairs, even in the absence of competing unions. (City of Arcadia (2019) PERB Decision No. 2648-M, pp. 22-34 (Arcadia).) To demonstrate such interference, a charging party must establish facts showing that the employer’s conduct tends to interfere with the internal activities of an employee organization. (Arcadia, supra, PERB Decision No. 2648-M, p. 24.) An employer may not take a position on internal union affairs or put its thumb on the scale in favor of or against a particular union leader. (Id. at pp. 25-30.)