Labor Relations Fundamentals for Community College Districts

determine whether an objectively reasonable person would find it distracting, and will compare the buttons to other distractions prohibited or allowed by the employer. 42

3. C ONDUCT OF S UPERVISORS

During and after the organizing process, supervisors must be careful not to engage in the following unlawful activity:

 Questioning or interrogating an employee regarding union activity if “the inquiry conveys employer disapproval toward the union and creates an expectation of employee response”; 43

 Threatening employees for participating in union activities; 44

 Discriminating or retaliating against an employee for participating in union activities; 45  Promising benefits in exchange for opposing the union, or to deter employees from opposing the union; 46  Deterring or discouraging employees or applicants from becoming or remaining members of an employee organization, authorizing representation, or paying dues to an employee organization; 47  Distributing mass communications concerning public employees’ rights to join or support an employee organization, or to refrain from joining or supporting an employee organization, without providing the exclusive representative with the opportunity to meet and confer; 48  Eavesdropping on meetings with the union representative or discussions about the union; 49 or  Showing preference towards one employee organization over another, or in any way interfering with the formation or administration of an employee organization. 50  Adopting or enforcing rules that can be reasonably construed to prohibit or “chill” protected, concerted activity. For example, a blanket prohibition against workplace recordings was found to violate employees’ right to engage in concerted activities under the National Labor Relations Act (NLRA) because photography and audio/video recording in the workplace can be used by employees to promote mutual aid or protection, such as documenting unsafe workplace equipment. 51 While this decision does not apply to public employers, PERB often references NLRA in interpreting public sector labor relations statutes.

Any of the above actions is considered an unfair labor practice and could lead to the filing of an unfair practice charge against the employer.

Labor Relations Fundamentals for Community College Districts © 2019 (c) Liebert Cassidy Whitmore 13