All notes for Subtopic 405.03000 – Promise of or Withholding of Benefits

DecisionDescriptionPERC Vol.PERC IndexDate
2632M * * * JUDICIAL APPEAL PENDING * * * Contra Costa County Fire Protection District
405.3000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; THREATS OR PROMISES; Promise of or Withholding of Benefits
In Carlsbad, the Board explained that employer conduct will be deemed “inherently destructive” of protected rights, if its “natural and probable consequence” would be to discourage the exercise of such rights. The District’s decision to grant longevity differentials only to unrepresented employees not only tended to interfere with protected activity but was so significant that its natural and probable consequence was to interfere with Association and employee rights. By explicitly distinguishing between represented and unrepresented employees and insisting on its intent to compensate the latter group at a higher level, the District’s position inherently discourages union activity. Accordingly, under Carlsbad, the District’s conduct may be excused only on proof that it was occasioned by circumstances beyond the District’s control and that no alternative course of action was available. more or view all topics or full text.
4315003/07/19
2648M City of Arcadia
405.3000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; THREATS OR PROMISES; Promise of or Withholding of Benefits
PERB found offering to continue labor-management meetings if Association removed president from office was a promise of benefit where Association Vice President expressed strong preference employer continue meetings. more or view all topics or full text.
06/12/19
2177H Regents of the University of California (Irvine) * * * Overruled by Contra Costa County Fire Protection District (2019) PERB Decision 2632-M
405.3000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; THREATS OR PROMISES; Promise of or Withholding of Benefits
Employer’s communications via email and website about a bonus paid only to non-represented employees were not threatening because, despite the inability of the employer and union to reach agreement at the bargaining table, the context in which the communications were made did not support an inference that the employer’s statements promised a benefit to employees if they renounced union representation. more or view all topics or full text.
357003/29/11
2106S State of California (Department of Personnel Administration) * * * VACATED by State of California (Department of Personnel Administration) PERB Decision No. 2106a-S
405.3000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; THREATS OR PROMISES; Promise of or Withholding of Benefits
No evidence that the difference in dental benefit costs for union and non-union members resulted in actual harm to the rights of union members. Providing dental benefits at a lower cost to non-union members, while excluding union members from this option, tends to result in at least slight harm to employees who choose to exercise the right to join a union. A reduced benefit cost available only to non-union members may influence an employee’s decision to join the union. more or view all topics or full text.
347904/30/10

405.3000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; THREATS OR PROMISES; Promise of or Withholding of Benefits
Where county increased health insurance benefit for members of units which had settled and not for members of units which had not, members in non-settling units would receive less of a contribution in paycheck, an immediately coercive effect, therefore a speedy decision was necessary and not possible under the county Employee Relations Commission's relatively elaborate factfinding procedures and rules. Where coalition of units negotiated fringe benefit package and there was not intended to be further negotiation on the fringe benefit package and county implemented package only for unions which had settled full contract negotiations, county's difference in treatment violated section 3506 prohibiting discrimination because of exercise of collective bargaining rights. more or view all topics or full text.

405.3000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; THREATS OR PROMISES; Promise of or Withholding of Benefits
County charter provision prohibiting improvement for employees represented by a striking employee organization in wages, hours, and conditions of employment beyond those last offered by the County until next scheduled meet and confer session for the next bargaining year is an invalid limitation on meeting and conferring under the MMBA. more or view all topics or full text.

405.3000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; THREATS OR PROMISES; Promise of or Withholding of Benefits
City violated the MMBA by adopting a retroactivity plan for Association represented employees that was less favorable than the plan adopted for other employees because the Association had utilized the City's impasse procedures. more or view all topics or full text.
1188H Regents of the University of California (University Professional and Technical Employees)
405.3000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; THREATS OR PROMISES; Promise of or Withholding of Benefits
During the election process, the employer may not grant or withhold benefits unless: (1) operational necessity or factors other than the pendency of the election justify the decision and timing; or (2) the action is consistent with past practice; p. 30. Neither granting or withholding benefits during the election process is per se unlawful. The test is whether the employer manipulates benefits to influence the employees' decision during the union's organizing campaign; p. 30. PERB applies an objective standard to determine if an employer's speech contains a threat or promise of benefit, view the employer's statement in light of the surrounding circumstances and places considerable weight on the accuracy of the speech; p. 23. When it was clear PERB would not certify an exclusive representative before the employer granted a pay increase, the employer's When it was clear PERB would not certify an exclusive representative before the employer granted a pay increase, the employer's consequences of a union victory that did not flow naturally from the collective bargaining relationship and were totally within the employer's control. Therefore, the speech contained a threat of reprisal and lost its free speech protection; p. 26. Employer's good faith understanding of its bargaining obligation is irrelevant. more or view all topics or full text.
212806703/19/97
0296E Colusa Unified School District
405.3000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; THREATS OR PROMISES; Promise of or Withholding of Benefits
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
405.3000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; THREATS OR PROMISES; Promise of or Withholding of Benefits
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
0208E Fresno Unified School District
405.3000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; THREATS OR PROMISES; Promise of or Withholding of Benefits
The contract's penalty clause for a violation of the no-strike provision cannot be invoked where the penalty is revocation of a right guaranteed by statute. Since EERA subsection 3543.1(d) provides an absolute guarantee of dues deductions, the contract cannot be said to "provide" that right; pp. 14-18. more or view all topics or full text.
61311004/30/82
0127S State of California (Department of Corrections) (California Correctional Officers Association)
405.3000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; THREATS OR PROMISES; Promise of or Withholding of Benefits
Board declines to find an impermissible withdrawal of employee benefits where employer rescinded its policy of providing office space and inmate clerical assistance because whatever benefit accrued to employees was indirect; pp. 12-14. more or view all topics or full text.
41107905/05/80
0111E San Ramon Valley Unified School District
405.3000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; THREATS OR PROMISES; Promise of or Withholding of Benefits
Interference with employee rights and organization rights found where District withheld benefit of "in service" training day on day when organizational security election scheduled; second election ordered; pp. 24-30. more or view all topics or full text.
31014911/20/79
0103E Santa Monica Community College District
405.3000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION; THREATS OR PROMISES; Promise of or Withholding of Benefits
Unlawful interference found where employer conditioned pay raise on waiver of organizational rights; pp. 19-20. more or view all topics or full text.
31012309/21/79