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

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The Board found respondent’s access policies at UCOP did not interfere with the right of employees to be represented by the union where the access restrictions were reasonable, non-discriminatory, and consistent with the parties’ memorandum of understanding. Specifically, respondent’s policy that a union representative identify an employee he or she intended to visit was a reasonable extension of the employer’s authority to require that visitors to its worksites identify themselves and state their business before entering the premises. However, a rule requiring a union representative to identify an employee or employees with whom he or she seeks to contact before permitting access to a non-work area such as a break room or cafeteria would not withstand HEERA scrutiny. (adopting proposed decision at pp. 53-56.)