EMPLOYER DOMINATION OR ASSISTANCE; DOMINATION OF OR ASSISTANCE TO LABOR ORGANIZATIONS – Favoritism; Contract Ban on Distribution or Solicitation; Unequal Treatment of Unions; Preferential Access; Duty of Strict Neutrality

Single Topic for Decision I063E

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An employer that does not maintain strict neutrality in the face of competing employee organizations is deemed to encourage employees to prefer one organization over another, in violation of employees’ right to choose an organization free of employer interference. Because the school district continued to provide financial support and other assistance to the existing nonexclusive representative without offering the same level of support to the rival nonexclusive representative, the district’s conduct tends to encourage employees to support the existing nonexclusive representative over the rival nonexclusive representative in order to continue receiving the negotiated benefits from the school district. Thus, the Board found there was reasonable cause to believe the school district breached its duty of strict neutrality in violation of EERA section 3543.5, subdivision (d). (pp. 28-29.)