EMPLOYER INTERFERENCE, RESTRAINT, COERCION; EMPLOYER INTERFERENCE WITH, RESTRAINT, OR COERCION OF EMPLOYEES – In General; Standards

Single Topic for Decision I057M

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MMBA section 3503 vests public employees with the right to form, join and participate in the activities of employee organizations for the purpose of representation on employment matters, as well as the right to refrain from engaging in those activities. It is unlawful for a public agency to impose or threaten to impose reprisals on employees, to discriminate or threaten to discriminate against employees, or otherwise to interfere with, restrain, or coerce employees because of their exercise of rights guaranteed by the MMBA. The purposes of the MMBA are promoting full communication between public employers and employees and improving personnel management and employer-employee relations by recognizing the right of public employees to join organizations of their own choice and to be represented by these organizations in their employment relationship with public agencies. To achieve these purposes, in 1968 the Legislature established in the MMBA a system of collective bargaining and conferred on employees, employers and employee organizations particular rights and duties. Among those rights and duties are the right of employees to select their representative free of employer interference, and the right of the selected representative to engage the employer in collective negotiations over wages, hours and employment terms and conditions.