EMPLOYER DOMINATION OR ASSISTANCE; DOMINATION OF OR ASSISTANCE TO LABOR ORGANIZATIONS – Management Aid or Instigation in Forming Unions Committees, Etc.; Statements in General; Free Speech

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The school district’s de facto recognition of the existing nonexclusive representative continued after a rival nonexclusive representative gave notice of its organizing campaign, including by: (1) hosting the existing nonexclusive representative’s webpage on the school district’s website; (2) directing its Technology Department to assist the preferred nonexclusive representative in two elections; (3) offering to have its legal counsel review the preferred nonexclusive representative’s bylaws; (4) allowing the existing nonexclusive representative to use the school district’s survey to poll teachers about their views on the existing nonexclusive representative; and (5) setting up an e-mail list for the existing nonexclusive representative’s president to communicate with teachers via the school district’s e-mail system. The totality of the circumstances established reasonable cause to believe that the school district had—and continued to have—pervasive involvement in the affairs of the existing nonexclusive representative in violation of EERA section 3543.5, subdivision (d). (p. 21.)