EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS – Discrimination Favoring Organization Over Another
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401.02000 – Discrimination Favoring Organization Over Another
An employer’s duty of strict neutrality extends to internal union affairs, even in the absence of a competing employee organization. But an employer is not liable for interference, domination, unlawful assistance, or discrimination where it merely attempts in good faith to comply with its duty to bargain—which may require it to recognize one candidate on an interim basis pending the outcome of internal union procedures or other litigation between the factions—irrespective of whether the employer ends up temporarily recognizing the “wrong” candidate based on the outcome of such procedures.