EMPLOYER DETERRENCE OR DISCOURAGEMENT – Contextual Factors

Single Topic for Decision I063E

View all topics for Decision I063E

Full Decision Text (click on the link to view): Full Text

Many of the school district’s communications to employees showing a preference for the existing nonexclusive representative occurred in the two months after the rival nonexclusive representative announced its organizing campaign. This timing strengthens their impact, as does circulating similar messages on a repeated basis, which would tend to cause a reasonable employee to believe the messages were particularly urgent and important to the school district. (pp. 33-34.) Additionally, the communications were sent against the backdrop of the school district providing essentially all the resources needed for the existing nonexclusive representative to operate, and its pervasive involvement in the existing nonexclusive representative’s internal affairs. This context further supported finding reasonable cause that the school district deterred or discouraged support for the rival nonexclusive representative in violation of PEDD section 3550. (pp. 34-35.)