Decision 0251E – Coast Community College District

LA-CE-213, 465

Decision Date: October 15, 1982

Decision Type: PERB Decision

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Perc Vol: 6
Perc Index: 13237

Decision Headnotes


504.14000 – Other/In General

Employer's knowledge of employee's protected activity is not enough to establish nexus.

401.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS
401.01000 – In General; Prima Facie Case.

The distinction between "interference" and "discrimination" is often blurred; discrimination against organizers may interfere with the right of employees to form and participate in employee organizations; in the instant case however, union did not meet burden of proof; pp. 19-20.

409.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; DEFENSES
409.01000 – Business Necessity

Employer's proffered explanation for its actions was reasonable and legitimate and outweighed the harm done to employee rights; thus no interference violation.

501.00000 – EMPLOYER DISCRIMINATION; DISCRIMINATION
501.01000 – In General; Elements of Prima Facie Case

Absent a finding of inherently destructive employer conduct, a finding of anti-union motive must be established; p. 23.