EMPLOYER DETERRENCE OR DISCOURAGEMENT – Defenses

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The content of the e-mails was not narrowly tailored to protect the charter schools’ charters. Rather than discussing only the union’s alleged support for anti-charter legislation and candidates, the e-mails also discussed at length subjects unrelated to the schools’ charters, such as potential impacts of unionization on wages, benefits, and working conditions, as well as administrators’ own personal experience with unions in other school districts. Thus, the Board found that the charter schools’ purported business necessity would not justify most of the statements in the e-mails sent to the charter school employees. (pp. 72-73.)