Decision 0145E – Marin Community College District

Employer's refusal to discuss incident allegedly causing discipline is evidence of anti-union motivation.

Evidence of unlawful motivation found where highly visible union activist discipline for engaging in same conduct as less visible unionist who was not disciplined.

Supervisor's prior history of antipathy towards union activist is evidence of anti-union motivation.

Constructive discharge not applicable where employee leaves a job temporarily because of employer's unlawful conduct. Doctrine applies only where employee quits the job.

The illegal purpose harbored by the discriminating employer may be inferred from the circumstances surrounding the discipline or discharge. These may include anti-union animus exhibited by the employer or its agents; the pretextural nature of the osentible justification for the employer's action; or other failure to establish a business justification.

Employer interfered with protected rights by reprimanding employee who refused to attend investigatory interview without union representative.

Employer prohibition against solicitation by employee organization during rest and coffee breaks is presumptively invalid. Employer did not offer adequate justification to rebut the presumption.