EMPLOYER INTERFERENCE, RESTRAINT, COERCION; STATEMENTS, MEETINGS, NOTICES, AND LEAFLETS – In General

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404.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; STATEMENTS, MEETINGS, NOTICES, AND LEAFLETS
404.01000 – In General

State agency violated the Dills Act when it adopted a policy that allows employees to use the State's electronic mail system for minimal amounts of personal communication so long as the subject of the communication does not pertain to employee organization matters. Access rights not described in the statute become available to a union in 2 circumstances: (1) usual means of communication are ineffective or unreasonably difficult; or (2) employers prohibition on access is discriminatory on its face or as applied. Once an employer has opened a forum for non-business communication, it cannot prohibit employees from using the same forum for a similar level of communication involving union activities.