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

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EERA section 3543.6, subdivision (a) bars an employee organization from causing or attempting to cause an employer to commit an unfair practice, while subdivision (b) bars an employee organization from interfering with rights that EERA protects. The test for alleged interference by an employee organization is the same as the test for alleged interference by an employer (Service Employees International Union, Local 99 (Kimmett) (1979) PERB Decision No. 106, p. 13), except that in cases involving alleged threats or coercion, PERB recognizes that an employee organization does not have the same power over employees as an employer (San Jose/Evergreen Federation of Teachers, AFT Local 6157, and American Federation of Teachers, AFL-CIO (Crawford et al.) (2020) PERB Decision No. 2744, p. 23). (p. 49.)