EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS – Access - Union Right
Single Topic for Decision 0329H
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401.04000 – Access – Union Right
Employer's rules restricting access to areas within the acute care hospital are reviewed, some upheld and others rejected. Test of balancing justifiable concerns and avoiding overbroad, unnecessary interference with statutory rights. HEERA provides to employee organization representatives, employee and nonemployee alike, a presumptive right of access to employees at reasonable times in areas where they work; p. 6. Presumptive right can be rebutted by evidence that a ban on access is necessary to prevent disruption of health care operations or disturbance of patients. Employee lounges, locker rooms and classrooms are not immediate patient care areas, and are legitimate avenues of access. Exceptions discussed including employer's right to make reasonable precautions to prevent spreading infections. Employer carries burden of proving disruption would occur. Availability of alernative access is important factor to infections. Employer carries burden of proving disruption would occur. Availability of alernative access is important factor to with right of employees who wish to participate in employee organization activities; p. 17.