Decision 0038E – Azusa Unified School District

LA-CE-32

Decision Date: November 23, 1977

Decision Type: PERB Decision

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Perc Vol: 1
Perc Index: 587

Decision Headnotes

700.00000 – EMPLOYER DOMINATION OR ASSISTANCE; DOMINATION OF OR ASSISTANCE TO LABOR ORGANIZATIONS
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).

1205.00000 – REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS
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.

1202.00000 – REMEDIES FOR UNFAIR PRACTICES; FACTORS LIMITING OR TERMINATING LIABILITY
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.

1205.00000 – REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS
1205.10000 – Other Affirmative Relief

Employer required to charge employee organization the fair rental value of office space which it leases from employer.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.04000 – Continuing Violation

Rental arrangement constitutes continuing violation if it was effective during statutory period.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.01000 – In General

Unwillingness by employer to respond to changed conditions caused by organizational campaign constitutes independent basis for charge.

700.00000 – EMPLOYER DOMINATION OR ASSISTANCE; DOMINATION OF OR ASSISTANCE TO LABOR ORGANIZATIONS
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.

700.00000 – EMPLOYER DOMINATION OR ASSISTANCE; DOMINATION OF OR ASSISTANCE TO LABOR ORGANIZATIONS
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.

1105.00000 – CASE PROCESSING PROCEDURES; EVIDENCE
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.