EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS – Access - Union Right

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The Dills Act is silent about rights of access from employer organizations. However, PERB decision has held "that a right of access is implicit in the purpose and intent" of the law. (State of California (Department of Corrections) (1980) PERB Decision No. 127-S.); p. 36, proposed dec. Since the public employer cannot exclude members of the public from its place of operations, neither can it exclude employee organizations; p. 36, proposed dec. The right to reasonable regulations extends to mail as well as to physical access. It is against this rule of reasonableness that infringements on access must be measured; p. 37, proposed dec.