EMPLOYER DETERRENCE OR DISCOURAGEMENT – In General; Standards

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“Deter or discourage” in the context of PEDD section 3550 means to tend to influence an employee’s free choice regarding whether or not to (1) authorize union representation, (2) become or remain a union member, or (3) commence or continue paying union dues or fees. (p. 21.) PERB looks first to the conduct or communication itself in determining whether it tends to influence employee free choice. But the Board also will examine the context surrounding the conduct or communication when determining whether such conduct is reasonably likely to deter or discourage employee choices on union matters. (p. 24.)