UNION UNFAIR PRACTICES;RESTRAINT, COERCION, INTERFERENCE OR DISCRIMINATION – In General

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Faculty Senate violated EERA section 3543.6, subdivision (b) via four statements in which the Senate held itself out as the teachers’ sole representative, even though it was not an exclusive representative. The falsity of the Senate’s statements is one factor PERB considered in its interference analysis. (City of San Diego (2020) PERB Decision No. 2747-M, p. 37.) The most important reason PERB found the statements unlawful is that they were part of a synergistic effort by the District and the Senate, spanning many years but accelerated once a rival nonexclusive representative began organizing to: (a) create the perception of a single, exclusive employer-dominated employee organization, without being certified or recognized as an exclusive representative; and (b) grant that body preferential rights and support that would forestall unionization. This effort became a reality not only through preferential treatment and employer domination, interference, and support, but through repeated false statements to teachers and attacks on the rival nonexclusive representative for pointing out the illegality of the scheme. The entire stratagem was inherently destructive of protected rights, and, in the alternative, there was no operational necessity justifying it. (pp. 50-53.)