EMPLOYER DETERRENCE OR DISCOURAGEMENT – Defenses

Single Topic for Decision 2795E

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As for the defense that the charter management organization was countering the union’s untruthful communications to employees, the charter schools provided scant evidence to support this defense. An employer’s communication may be justified by the need to accurately counter a union’s misleading communication. But none of the union’s communications to the charter schools’ employees are in the record. The Board could not determine whether those communications were misleading or whether the charter schools’ e-mails were necessary to provide accurate information to employees. The Board found that the charter schools’ failure to call even a single witness makes it all but impossible to conclude that its e-mails were in furtherance of, and narrowly tailored to, one or more business necessities. (p. 72.)