Headnote for 0608E, 401.05000 - Union Activity During Nonworking Time or in Nonworking Areas - California Public Employment Relations Board

EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS – Union Activity During Nonworking Time or in Nonworking Areas

Single Topic for Decision 0608E

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401.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS
401.05000 – Union Activity During Nonworking Time or in Nonworking Areas

Where contract specifically precluded access during the conference period because it is 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 Dist. (1982) PERB Dec. 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.