EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS – Discrimination Favoring Organization Over Another

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The MMBA prohibits public agencies from interfering with the formation and administration of any employee organization, or to encourage employees to join any employee organization in preference to another. Where two employee organizations are competing for the right to represent the same employees, the employer must remain neutral. If an employer does not maintain neutrality, the employer is deemed to encourage employees to prefer one organization over another, which violates the employees’ right to choose an organization free of employer interference. In assessing such conduct, the Board asks whether the employer’s conduct tends to influence employee free choice of organization.