EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS – Access - Union Right
Single Topic for Decision 0608E
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401.04000 – Access – Union Right
Union may waive right of access by language in contract, so long as there is no serious impairment of those access rights granted by statute; p. 17. Association waived right to object to regulations regarding 24-hour notice of access and management's right to designate meeting locations where contract specifically provided for these two limitations; pp. 17-18. Once Association demonstrates restrictions on presumptive right of access, employer must rebut presumption by demonstrating such access would be disruptive. Here, lack of proof prevented Board from conclusion that regulation is reasonable; p. 26. Where contract specifically precluded access during the conference period because it designated as "worktime", it is presumptively unavailable for access; pp. 18-25. 20-minute duty periods before and after school are defined by contract as part of workday and are unavailable for access. In so finding, the Board reversed Long Beach School District (1982) PERB Decision No. 130, which required a showing that such periods must be "expressly and/or uniformly reserved for preparation" to be considered worktime; pp. 18-25.