EMPLOYER DOMINATION OR ASSISTANCE; DOMINATION OF OR ASSISTANCE TO LABOR ORGANIZATIONS – In General

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To show a prima facie violation of EERA section 3543.5, subdivision (d), the charging party must allege facts which demonstrate that the employer’s conduct tends to interfere with the internal activities of an employee organization or tends to influence employees’ choice between employee organizations. Whether an employer has violated EERA section 3543.5, subdivision (d) is based on the totality of the circumstances. Proof that an employer intended to unlawfully dominate, assist, or influence employees’ free choice is not required. Nor is it necessary to prove that employees actually changed their support as a result of the employer’s conduct. (p. 18.)