EMPLOYER DOMINATION OR ASSISTANCE; DEFENSES – In General

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A charging party union need not establish employer intent or actual diminution in its level of support in order to succeed in a charge under EERA section 3543.5, subdivision (d). The Board found that there was substantial information to suggest that the school district’s conduct has led to diminished support for the rival nonexclusive representative, thereby further supporting the conclusion that there is reasonable cause to believe the school district violated—and continued to violate—EERA section 3543.5, subdivision (d) by showing preference for one nonexclusive representative over the other. (p. 29.)