EMPLOYER DETERRENCE OR DISCOURAGEMENT – In General; Standards

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To establish a prima facie case of a section 3550 violation, the charging party need only show that the challenged conduct or communication is reasonably likely to deter or discourage employee free choice, not that the conduct actually did deter or discourage employees. In cases that involve union organizing, section 3550 leaves it to employees on opposite sides of the organizing debate to lobby their colleagues without the employer’s involvement, except where a business necessity compels the employer to take some action that may also incidentally influence employee free choice. (p. 30.)