UNION UNFAIR PRACTICES;RESTRAINT, COERCION, INTERFERENCE OR DISCRIMINATION – Other

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Complaint alleged that union interfered with protected rights of three special District employees when it submitted a public records request asking for, among other items, certain e-mails that charging parties sent or received over a 15-week period. Where the sole challenged conduct is a respondent’s public records request, a charging party must meet PERB’s traditional interference standards and show that the request, or any part of it, was both baseless and in bad faith. (Bill Johnson’s Restaurants, Inc. v. NLRB (1983) 461 U.S. 731.) The Board found undisputed facts showing that union’s request was not baseless, and the Board therefore found no need to reach any other issue.