REMEDIES FOR UNFAIR PRACTICES; CEASE AND DESIST ORDERS – Decertification or Disestablishment of Labor Organization

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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.” Disestablishment is the standard remedy for domination violations, even when the domination has ended. (Clovis Unified School District (2024) PERB Decision No. 2904, p. 62. Thus, even were the Board to consider new evidence submitted by the District as part of its reconsideration request, showing that the District eventually discontinued paying stipends and release time to the Faculty Senate, disestablishment of the Faculty Senate would still be necessary because the District’s longstanding, significant monetary support to the Senate provided it with an expensive head start that no other organization could match. (Id. at pp. 58-63.) Indeed, disestablishment is far superior to ordering the employer to level the playing field by providing a competing organization with substantial monetary and in-kind support allowing it to build its organization to the same degree as the formerly dominated organization. (Id. at p. 59 [“To do so would simply replace one employer dominated employee organization with another.”].) (pp. 7, 12; see also p. 41 [disestablishment is necessary even when domination has ended]).)