All notes for Subtopic 410.01000 – In General; Standards

DecisionDescriptionPERC Vol.PERC IndexDate
2756H Regents of the University of California
410.1000: EMPLOYER DETERRENCE OR DISCOURAGEMENT; In General; Standards
By its plain language, PEDD section 3550 applies broadly to employer conduct toward “public employees or applicants.” The statute restricts an employer’s influence over employee decisions whether or not to authorize union representation, become or remain a union member, or commence or continue paying union dues or fees “irrespective of whether employees are exclusively represented by a union.” (Regents, supra, PERB Decision No. 2755-H, p. 39.) Indeed, employee decisions whether or not to authorize representation occur frequently when employees are unrepresented. Although Regents of the University of California (2021) PERB Decision No. 2755-H involved communications to represented employees, the plain language of the statute suggests no reason a different test would necessarily apply where, as here, the employer’s conduct or communication is directed toward unrepresented employees. (p. 8.) more or view all topics or full text.
03/01/21
2756H Regents of the University of California
410.1000: EMPLOYER DETERRENCE OR DISCOURAGEMENT; In General; Standards
Where a charging party shows employer conduct tended to influence employee decisions about whether or not to authorize union representation, become or remain a union member, or commence or continue paying union dues or fees, the burden then shifts to the employer to plead and prove a business necessity as an affirmative defense. (p. 7.) more or view all topics or full text.
03/01/21
2755H Regents of the University of California
410.1000: EMPLOYER DETERRENCE OR DISCOURAGEMENT; In General; Standards
Where a charging party meets its burden to prove an employer violated PEDD section 3553, it creates a presumptive section 3550 violation. The employer may rebut the presumption by showing that although the communication required section 3553 negotiations pre-publication, it does not meet the threshold prima facie test for deterring or discouraging employee decisions protected by section 3550. A section 3553 violation shifts the burden to the employer to prove the mass communication does not tend to influence employee free choice. (p. 37.) more or view all topics or full text.
03/01/21
2755H Regents of the University of California
410.1000: EMPLOYER DETERRENCE OR DISCOURAGEMENT; In General; Standards
PEDD section 3550 is not subject to the free speech safe harbor limitations of HEERA section 3571.3 because it does not duplicate the interference standard. (p. 28.) By the plain language of the statutes, section 3550 is not limited by section 3571.3. (p. 29.) Because the PEDD is in its own chapter separate from HEERA, section 3571.3 by its plain terms does not apply to conduct subject to section 3550. (p.30.) This interpretation is also supported by the overall statutory framework, precedent, legislative history, and longstanding labor law principles. more or view all topics or full text.
03/01/21
2755H Regents of the University of California
410.1000: EMPLOYER DETERRENCE OR DISCOURAGEMENT; In General; Standards
PERB treats PEDD section 3550 even-handedly as prohibiting public employer conduct which tends to influence employee choices as to whether or not to authorize representation, become or remain a union member, or commence or continue paying union dues. (p. 25.) more or view all topics or full text.
03/01/21
2755H Regents of the University of California
410.1000: EMPLOYER DETERRENCE OR DISCOURAGEMENT; In General; Standards
“Deter or discourage” in the context of PEDD section 3550 means to tend to influence an employee’s free choice regarding whether or not to (1) authorize union representation, (2) become or remain a union member, or (3) commence or continue paying union dues or fees. (p. 21.) PERB looks first to the conduct or communication itself in determining whether it tends to influence employee free choice. But the Board also will examine the context surrounding the conduct or communication when determining whether such conduct is reasonably likely to deter or discourage employee choices on union matters. (p. 24.) more or view all topics or full text.
03/01/21