EMPLOYER DOMINATION OR ASSISTANCE; DOMINATION OF OR ASSISTANCE TO LABOR ORGANIZATIONS – Management Participation in Union Meetings

Single Topic for Decision I063E

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A prima facie case of unlawful domination or assistance was found where (1) the school district’s official policy held the nonexclusive representative out as the representative for teachers, thereby giving it the school district’s imprimatur, (2) the school district’s official disciplinary policy provided that a teacher may have the nonexclusive representative’s representative present at disciplinary meetings, (3) the school district’s organizational chart shows that the nonexclusive representative’s president reports to the school district Superintendent, (4) the school district and the nonexclusive representative jointly develop a yearly survey, which is administered by the nonexclusive representative’s representatives at each school site, (5) the nonexclusive representative’s representatives needed the school district’s permission to revise its bylaws, and before meeting with teachers in large groups at school sites, and (6) the nonexclusive representative sat on several committees with other employee organizations and administrators that provided recommendations to the school district’s board on employment matters.