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

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“HEERA provides employee organization representatives, employee and nonemployee alike, with a presumptive right of access to employees at reasonable times in areas where they work. However, the access afforded must be reasonable in light of particular needs of the workplace in question.” (The Regents of the University of California, UCLA Medical Center (1983) PERB Decision No. 329-H, p. 5.) An employer may rebut the presumptive right of access by evidence that a regulation is necessary to prevent disruption of operations. (Id.) An important factor in weighing the right of access against employer regulation of access is the availability of alternative means of access. (Id. at p. 15.) In striking this balance, the Board has also considered the impact of the employer's regulation on the basic labor law principles set forth in the statutes it administers, which are designed to insure effective and nondisruptive organizational communications. (adopting proposed decision at pp. 45-46, 70, 76.)