EMPLOYER INTERFERENCE, RESTRAINT, COERCION; DEFENSES – Discontinuance of Illegal Activity; Retraction; Repudiation; Public Disavowal

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An employer must make a diligent effort if it hopes to erase the effects of its interference via an “honestly given retraction.” (County of San Joaquin (2021) PERB Decision No. 2761-M, p. 31.) Indeed, a retraction is irrelevant unless it is: (1) timely; (2) unambiguous; (3) specific in nature to the coercive conduct; (4) free from other illegal conduct; (5) adequately publicized to the affected employees; (6) not followed by other illegal conduct; and (7) accompanied by assurances the employer will not interfere with protected rights in the future. (Ibid.) The District’s partial, tardy actions to pull back on conduct which tended to influence employee free choice of bargaining representative did not meet any of the above criteria, much less all of them. (pp. 15-17.)