EMPLOYER DOMINATION OR ASSISTANCE; DOMINATION OF OR ASSISTANCE TO LABOR ORGANIZATIONS – In General

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EERA section 3543.5, subdivision (d) makes it unlawful for an employer to “[d]ominate or interfere with the formation or administration of any employee organization, or contribute financial or other support to it, or in any way encourage employees to join any organization in preference to another.” There are three ways an employer may violate this subdivision. Different standards apply depending on whether a charging party alleges that an employer has: (1) dominated or interfered with the formation or administration of an employee organization; (2) unlawfully contributed financial or other support to an employee organization; or (3) in any way encouraged employees to join any organization in preference to another. As a threshold matter, however, it is important to note that the employer’s intent is irrelevant to each of these three types of claims. (Clovis Unified School District (2021) PERB Decision No. IR-63, p. 18; City of Arcadia (2019) PERB Decision No. 2648-M, pp. 24-25; West Contra Costa County Healthcare District (2011) PERB Decision No. 2164-M, p. 6; Redwoods Community College District (1987) PERB Decision No. 650, adopting proposed decision at pp. 53 & 56-57; Santa Monica Community College District (1979) PERB Decision No. 103, p. 22.) (p. 36.)