All notes for Subtopic 405.02000 – Express or Implied Threats

DecisionDescriptionPERC Vol.PERC IndexDate
2522H Trustees of the California State University
405.2000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; THREATS OR PROMISES; Express or Implied Threats
Allegation that employer’s agent told probationary employee she “should not talk to anyone about the investigation” of a fellow employee’s complaint of abusive treatment against supervisor stated prima facie case of interference with protected rights, since, on its face and without further explanation, a directive not to talk to “anyone” could reasonably be construed to prohibit contacting union representatives, or enlisting the support of other employees for the complaint. (p. 22.) To the extent that an employer’s directive or policy of maintaining “confidentiality” of investigations into employee grievances “muzzles” employees who seek to engage in concerted activity for mutual aid or protection by denying them the very information needed to discuss their wages, hours or working conditions, it necessarily harms employee rights. (p. 21.) Once it is established that the employer’s prohibition on discussing wages, hours or working conditions adversely affects protected rights, the burden falls on the employer to demonstrate “legitimate and substantial business justifications” for its conduct. (21-22.) To overcome a presumption of invalidity stemming from a vague or overinclusive rule, the employer must make it clear to employees that the thrust of an inexplicitly-worded confidentiality rule is not to prohibit discussion of their terms and conditions of employment. (Ibid.) more or view all topics or full text.
4115003/20/17
2536M City and County of San Francisco
405.2000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; THREATS OR PROMISES; Express or Implied Threats
Memorandum to employees referring to rule requiring dismissal of employees who engaged in a sympathy strike was not merely informational, nor was it a protected statement of opinion, and therefore interfered with employee rights. more or view all topics or full text.
421406/30/17
2452E Hartnell Community College District
405.2000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; THREATS OR PROMISES; Express or Implied Threats
Employer statements asserting a right to influence or direct the employees’ choice of a representative are impliedly coercive, because they convey the impression that engaging in union or other concerted activity is futile. Allegation that human resources official told employee that she, rather than employee, would choose employee’s union representative for him constituted prima facie case of interference with protected rights. more or view all topics or full text.
405609/04/15
2453E Cabrillo Community College District
405.2000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; THREATS OR PROMISES; Express or Implied Threats
A finding of interference, coercion or restraint does not require evidence that any employee subjectively felt threatened or intimidated or was in fact discouraged from participating in protected activity; rather the inquiry is an objective one which asks whether, under the circumstances, an employee would reasonably be discouraged from engaging in protected activity. more or view all topics or full text.
405709/17/15
2285S State of California (Department of Corrections and Rehabilitation)
405.2000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; THREATS OR PROMISES; Express or Implied Threats
Both statement to union steward conducting union investigation into alleged misconduct by a supervisor for a potential grievance that she could find herself under investigation for impeding employer’s investigation and issuance of cease and desist order constituted at least “slight harm” to employee organizational rights. In balancing competing interests, interference with employee organizational rights outweighs business justification proffered by employer for its conduct. more or view all topics or full text.
09/17/12
2265E Oxnard Union High School District
405.2000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; THREATS OR PROMISES; Express or Implied Threats
Where charge alleged that the respondent offered suggestions regarding curriculum issues after “implying” there were student complaints regarding charging party’s teaching techniques, and where charge implied that such conduct was connected to a comment made to her by a union representative that she could expect “repercussions” from the school district if she pursued her grievance with a private attorney, charge failed to state prima facie case of interference; respondent’s discussion with charging party concerning the curriculum cannot objectively be found to tend to discourage charging party from exercising protected rights and unions and employers are not liable for each other’s conduct. more or view all topics or full text.
05/25/12
2267M County of Santa Clara * * * OVERRULED IN PART by Los Angeles Unified School District (2016) PERB Decision No. 2479
405.2000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; THREATS OR PROMISES; Express or Implied Threats
Employer’s counseling memo instructing employee to follow the chain of command and not to speak to other employees about his “issues and concerns” did not constitute unlawful interference or threat when considered in context. Evidence failed to demonstrate it was reasonably likely statements had a coercive tendency as to protected activity. more or view all topics or full text.
05/25/12
2119M County of Riverside
405.2000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; THREATS OR PROMISES; Express or Implied Threats
County threatened to consider elimination of its temporary employee program if union continued its efforts to organize temporary program employees. more or view all topics or full text.
3410806/24/10
2031M Coachella Valley Mosquito and Vector Control District * * * OVERRULED IN PART by City of Roseville (2016) PERB Decision No. 2505-M
405.2000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; THREATS OR PROMISES; Express or Implied Threats
Employer coercively threatened employees with layoff in violation of MMBA section 3506 when, after employees filed unit modification petition, employer told employees that there would be layoffs if they went with the union. Employer told employees that, although they were free to join the union, problems with the union were creating legal expenses and the only budget item those expenses could come from was salaries and benefits, and that he was “disappointed” at the costs caused by the appearance of a union. more or view all topics or full text.
339205/29/09
1866H Trustees of the California State University (Humboldt)
405.2000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; THREATS OR PROMISES; Express or Implied Threats
Allegation of threat of layoff untimely filed more than a year after the alleged threat and adverse action. more or view all topics or full text.
312612/14/06
1791E Los Angeles Unified School District
405.2000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; THREATS OR PROMISES; Express or Implied Threats
The request to bring the log book, to wait in the electrical shop and the suggestion that Kahn quit if he cannot talk to his supervisor do not constitute threats and so Kahn did not state a prima facie case for interference. more or view all topics or full text.
303212/29/05
1647E Chula Vista Elementary School District
405.2000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; THREATS OR PROMISES; Express or Implied Threats
The principal of MCS interfered with the rights of teachers under his supervision to vote in a fair election, free from intimidation, in an election that effectively involved the decertification that long represented those employees. more or view all topics or full text.
2818406/23/04
1508E San Marcos Unified School District
405.2000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; THREATS OR PROMISES; Express or Implied Threats
District unlawfully interfered with protected rights by threatening to discipline employees who engaged in non-disruptive informational picketing. District’s threat to discontinue dues deductions unlawfully interfered with both employee rights and union rights. more or view all topics or full text.
272701/16/03
1650E Empire Union School District
405.2000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; THREATS OR PROMISES; Express or Implied Threats
Employer’s reprimand of employee for taking workplace issues directly to her union unlawfully interfered with employee’s right to file grievances. more or view all topics or full text.
2818806/29/04
1518E Compton Unified School District
405.2000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; THREATS OR PROMISES; Express or Implied Threats
Employer unlawfully interfered with the exercise of protected activity by warning new teachers that, “if you know what’s good for you, you better leave now.” more or view all topics or full text.
275604/18/03
1249S State of California (Department of Personnel Admistration (California State Employees Association/Service Employees International Union Local 1000)
405.2000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; THREATS OR PROMISES; Express or Implied Threats
While statement of opinion attributed to a spokesperson for Governor that union should be run out of town on a rail is understandably considered repugnant and/or inflammatory by exclusive representative, it does not, under objective test used by the Board, constitute a threat or promise of benefit; p. 4, dismissal letter. more or view all topics or full text.
222905001/28/98
1222E Los Angeles Community College District (Mrvichin)
405.2000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; THREATS OR PROMISES; Express or Implied Threats
Nonspecific statement that District is interfering in a grievance not sufficient to state a prima facie case of interference; p. 2, warning letter. more or view all topics or full text.
212816210/01/97
0822E Culver City Unified School District
405.2000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; THREATS OR PROMISES; Express or Implied Threats
No violation of section 3543.5(a) where employer's actions constituting threat were in response to a perceived personal attack on veracity and integrity, and were found not to reasonably tend to coerce or intimidate an employee in the exercise of protected activities. more or view all topics or full text.
142113406/27/90
0659E Los Angeles Unified School District
405.2000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; THREATS OR PROMISES; Express or Implied Threats
Viewing entire context, district unlawfully discouraged and interfered with bilingual education aides' seeking the assistance of their union where, in a state of anger, one of the principals made series of implied threats such as: she wanted them to come to her first with their problems before involving the union; asked why an employee had not come to her first before seeking union assistance; stated her desire that employees come directly to her with problems "because she didn't like them to go outside of her jurisdiction;" and called one employee a "troublemaker" for bringing in the union. more or view all topics or full text.
121904903/16/88
0628E Woodland Joint Unified School District
405.2000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; THREATS OR PROMISES; Express or Implied Threats
Threatening to "get rid of" charging party; warning other employees not to get involved with charging party. more or view all topics or full text.
111812106/30/87
0624E Inglewood Unified School District
405.2000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; THREATS OR PROMISES; Express or Implied Threats
Threat of retaliation for filing grievances; later retraction inadequate. more or view all topics or full text.
111811406/23/87
0622E Riverside Unified School District
405.2000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; THREATS OR PROMISES; Express or Implied Threats
No threat in view of surrounding circumstances. more or view all topics or full text.
111810706/11/87
1953M Carmichael Recreation and Park District * * * OVERRULED IN PART by Contra Costa Community College District (2019) PERB Decision No. 2652
405.2000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; THREATS OR PROMISES; Express or Implied Threats
Charging Party failed to meet its burden of proving that a cartoon shown to employees harmed their rights, constituting unlawful interference, as the Board found the two employees’ beliefs that the cartoon was threatening and retaliatory were unreasonable. more or view all topics or full text.
326904/17/08
0492E Sacramento City Unified School District
405.2000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; THREATS OR PROMISES; Express or Implied Threats
Statements by an employer must be viewed in their overall context to determine if they are coercive; employer's statements, in context, determined to be threats of adverse action if employees sought assistance of union. more or view all topics or full text.
91609403/06/85
0473E Los Angeles Unified School District (Wightman)
405.2000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; THREATS OR PROMISES; Express or Implied Threats
Board remanded case to regional office to issue complaint on interference charge. Board found sufficient evidence of a threat to warrant issuance of complaint; pp. 12-13. more or view all topics or full text.
91604412/31/84
0469E Ravenswood City School District
405.2000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; THREATS OR PROMISES; Express or Implied Threats
Interference violation found where district threatened civil action if employee continued to pursue grievance to arbitration; pp. 3-4; pp. 15-20, proposed dec. more or view all topics or full text.
91604012/28/84
0389E Clovis Unified School District
405.2000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; THREATS OR PROMISES; Express or Implied Threats
Fact that warning about union activities was brief and delivered to only one employee does not eliminate its coercive nature. Finding that statements reasonably tended to coerce employee does not require evidence that employee actually felt threatened or intimidated or was in fact discouraged from participating in Association activities; p. 14. more or view all topics or full text.
81511907/02/84
0317E San Francisco Unified School District
405.2000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; THREATS OR PROMISES; Express or Implied Threats
Employer's speech may not contain threats or coercion but may be impliedly intimidating or coercive, but here, total course of conduct does not give inference of coercion; p. 5. more or view all topics or full text.
71417206/08/83
0305H Regents of the University of California (Berkeley)
405.2000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; THREATS OR PROMISES; Express or Implied Threats
No interference with protected rights where casual "shop floor" conversation did not constitute an unlawful interrogation or unlawful threat; pp. 6-7. more or view all topics or full text.
71413904/28/83
0296E Colusa Unified School District
405.2000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; THREATS OR PROMISES; Express or Implied Threats
Employers are not precluded from expressing their views on employment- related matters so long as communication does not contain a threat of reprisal or force or promise of benefit; p. 34, proposed dec. more or view all topics or full text.
71410603/21/83
0292E Rio Hondo Community College District
405.2000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; THREATS OR PROMISES; Express or Implied Threats
District's threatened suspension of the statutorily guaranteed employee organization rights of dues deductions, reasonable access, and the right to represent members in grievances constitute separate violations of section 3543.5(a); p. 14. more or view all topics or full text.
71409103/08/83
0287S State of California (Department of Real Estate)
405.2000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; THREATS OR PROMISES; Express or Implied Threats
Board affirmed hearing officer's dismissal of charge where comments by respondent in grievance response did not rise to level of an unlawful threat of reprisal or discrimination; p. 2. more or view all topics or full text.
71408002/24/83
0214E Sacramento City Unified School District
405.2000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; THREATS OR PROMISES; Express or Implied Threats
Section 3543.5(a) violation found where superintendent made statement which reasonably could be understood to mean that if employees voted for representation, all progress in negotiations with employer inspired union would be lost; p. 8. more or view all topics or full text.
61311804/30/82
0147E Santa Monica Unified School District
405.2000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; THREATS OR PROMISES; Express or Implied Threats
Reference to Education Code section 44938 in a letter to a union activist is a veiled threat of impending dismissal. The code section sets out the statutory notice required prior to dismissal of employees for immoral or unprofessional conduct. more or view all topics or full text.
51200312/10/80
0089E Carlsbad Unified School District
405.2000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; THREATS OR PROMISES; Express or Implied Threats
Transfer of union activist to deter organizing would have natural and probable consequence of also causing other employees to reasonably fear similar action if they engaged in organizing; p. 13. more or view all topics or full text.
31003101/30/79
0061E Clovis Unified School District
405.2000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; THREATS OR PROMISES; Express or Implied Threats
Charging party failed to prove that superintendent's speeches concerning the possible effects of collective bargaining threatened, interfered with, restrained or coerced employees; unnecessary to discuss whether speeches constitutionally protected or whether district had intent to interfere; p. 2. more or view all topics or full text.
2215908/07/78