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

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An employer may regulate union activity in a non-work area during non-working time only if the regulation is necessary to maintain order, production or discipline. Assembly room where bus drivers congregated before and after shifts was not a work area because, even though work was occasionally performed in the room, its primary purpose was as a place for employees to engage in non-work activities. Drivers who were on “standby” duty waiting for assignment were not on working time, even though they were paid for the time, because they were not performing any actual work duties. MOU provision that required prior permission for union access to on duty employees did not waive the union’s right to access standby drivers during their paid, non-working time without prior permission. Employer failed to show legitimate business reason for having employee/union officer removed from assembly room because the evidence showed the officer was not disrupting the employer’s operations in any way by speaking to individual drivers about union matters.