SB 931 Makes Employers Pay for Deterring or Discouraging Union Activity
Under existing California law, it is unlawful for government employers to “deter or discourage” employees from becoming or remaining members of a union. The law ensures that public sector employees can make their own decisions about whether to belong to the union, free from pressure or coercion from their employer.
However, until recently, the only penalty for a public employer who interfered with a worker’s right to organize was the imposition of an order from Public Employee Relations Board (“PERB”) demanding the employer stop its illegal activity and post a notice. Unsurprisingly, employers continued to violate their employees’ right to organize because the law was insufficient.
This year, the Legislature gave existing labor laws some teeth. Senate Bill 931, codified at Government Code section 3551.5, sends a clear and powerful message to employers that they must pay for interference with union activity. SB 931 directs PERB to impose significant penalties on public sector employers found to have violated collective bargaining rights and to award attorney’s fees and costs to the prevailing union.
Specifically, the bill authorizes PERB to impose penalties of up to $1,000 per affected employee, not to exceed $100,000, if PERB finds that the employer deterred or discouraged current or prospective public employees from exercising their collective bargaining rights. PERB will consider several factors when assessing a civil penalty amount, including: 1) the employer’s annual budget, 2) the severity of the violation, and 3) any prior history of violations by the employer. This money will go directly to PERB, not the union, to support administration of its duties. With these potential financial consequences in mind, public employers will be less likely to interfere with employees’ collective bargaining rights.
If you are a union representative encountering issues that may trigger civil penalties under SB 931, contact your labor law counsel.