Decision 0038E – Azusa Unified School District
Decision Date: November 23, 1977
Decision Type: PERB Decision
Perc Vol: 1
Perc Index: 587
700.01000 – In General
Where natural consequences of an employer's conduct is encouragement or discouragement of union membership, it will be presumed that the employer intended this result. Great Dane analysis applied to question of whether conduct had effect of encouraging or discouraging membership in union. Violation of section 3543.5(d) also constitutes violations of 3543.5(a) and (b).
1205.01000 – In General
Eviction of union tenant from employer-owned building would serve no purpose where (d) violation found as employer has business justification for desiring that the building be occupied. Payment of fair rental value required instead.
1202.01000 – In General
Election of assisted union as exclusive representative does not moot out need for remedy. Remedy is proper to prevent repetition of unlawful conduct in future.
1205.10000 – Other Affirmative Relief
Employer required to charge employee organization the fair rental value of office space which it leases from employer.
1101.04000 – Continuing Violation
Rental arrangement constitutes continuing violation if it was effective during statutory period.
1101.01000 – In General
Unwillingness by employer to respond to changed conditions caused by organizational campaign constitutes independent basis for charge.
700.07000 – Favoritism; Contract Ban on Distribution or Solicitation; Unequal Treatment of Unions; Preferential Access; Duty of Strict Neutrality
Clearly unlawful to render assistance in such a way as to discriminate against another competing employee organization. Employer's extension of benefits to union in spirit of cooperation which doesn't constitute employer control or influence not illegal. Where more than one union involved employer must be strictly neutral in extending organizational opportunities.
700.10000 – Special Facilities and Services
Offer for unions to share space unrealistic, preferential treatment for association by leasing to it school building free of charge constituted unlawful encouragement/discouragement of union membership.
1105.03000 – Burden of Proof; Weight of Evidence; Presumptions and Inferences; Affirmative Defenses
Where natural consequences of an employer's conduct is encouragement or discouragement of union membership, it will be presumed that the employer intended this result.