All notes for Subtopic 700.02000 – Domination vs Assistance
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| I063E | Clovis Unified School District 700.02000: EMPLOYER DOMINATION OR ASSISTANCE; DOMINATION OF OR ASSISTANCE TO LABOR ORGANIZATIONS; Domination vs Assistance EERA section 3543.5, subdivision (d)’s prohibition on dominating or interfering with the formation or administration of any employee organization looks to whether the employer’s conduct tends to interfere with the employee organization’s ability to maintain an arm’s length relationship with the employer. In such cases, PERB considers the level of the employer’s involvement in the employee organization’s internal affairs. (pp. 18-19.) more or view all topics or full text. | 46 | 93 | 12/16/21 |
| I063E | Clovis Unified School District 700.02000: EMPLOYER DOMINATION OR ASSISTANCE; DOMINATION OF OR ASSISTANCE TO LABOR ORGANIZATIONS; Domination vs Assistance To show a prima facie violation of EERA section 3543.5, subdivision (d), the charging party must allege facts which demonstrate that the employer’s conduct tends to interfere with the internal activities of an employee organization or tends to influence employees’ choice between employee organizations. Whether an employer has violated EERA section 3543.5, subdivision (d) is based on the totality of the circumstances. Proof that an employer intended to unlawfully dominate, assist, or influence employees’ free choice is not required. Nor is it necessary to prove that employees actually changed their support as a result of the employer’s conduct. (p. 18.) more or view all topics or full text. | 46 | 93 | 12/16/21 |
| 2747M | City of San Diego 700.02000: EMPLOYER DOMINATION OR ASSISTANCE; DOMINATION OF OR ASSISTANCE TO LABOR ORGANIZATIONS; Domination vs Assistance MMBA section 3506.5, subdivision (d) proscribes public agencies from “interfer[ing] with the . . . administration of any employee organization.” While much PERB precedent addresses an employer’s duty to remain strictly neutral when two different employee organizations are in competition with each other, an employer also may violate this clause by interfering in an employee organization’s internal affairs, even in the absence of competing unions. (City of Arcadia (2019) PERB Decision No. 2648-M, pp. 22-34 (Arcadia).) To demonstrate such interference, a charging party must establish facts showing that the employer’s conduct tends to interfere with the internal activities of an employee organization. (Arcadia, supra, PERB Decision No. 2648-M, p. 24.) An employer may not take a position on internal union affairs or put its thumb on the scale in favor of or against a particular union leader. (Id. at pp. 25-30.) more or view all topics or full text. | 45 | 45 | 10/06/20 |
| 2648M | City of Arcadia 700.02000: EMPLOYER DOMINATION OR ASSISTANCE; DOMINATION OF OR ASSISTANCE TO LABOR ORGANIZATIONS; Domination vs Assistance An employer can extend benefits to a labor organization in a spirit of cooperation, but may not lend so much assistance that the employee organization appears to become a company union. more or view all topics or full text. | 44 | 1 | 06/12/19 |