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

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The text of the Dills Act does not explicitly grant employee organizations a right of access to the employer's property for purposes of communication with members. Even absent statutory authorization, it is well established in federal cases that employee organizations may in some circumstances gain access rights to an employer's property. (NLRB v. Babcock & Wilcox Co. (1956) 351 U.S. 105 [38 LRRM 2001].) Such access rights become available in two circumstances: (1) when the usual means of communication are ineffective or unreasonably difficult, or (2) when the employer's prohibition on access is discriminatory on its face or as applied. This rule has been adopted by the PERB. (See State of California (Department of Transportation, et al.) (1981) PERB Decision No. 159b-S; Sierra Sands Unified School District (1993) PERB Decision No. 977; State of California (Department of Personnel Administration, et al.) (1998) PERB Decision No. 1279-S.) The burden of proof in meeting this requirement is on the charging party. Even though union had other means of communication, lack of a private meeting room at least slightly hinders it in doing so and denial of the room is a violation.