SCOPE OF REPRESENTATION – Access - Subject of Bargaining

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PERB has held that access rules are negotiable and unilateral changes in those rules are unfair practices under HEERA. Union access rules are negotiable. Access to the public employer’s property for the purpose of communicating the union’s message implicates a variety of issues that the mediatory influence of collective bargaining is likely to resolve, such as reasonable time, place and manner restrictions, and the designation of places that the employer may legitimately reserve for itself as an area in which it is the only permitted speaker. The regulation at issue here purports to regulate more than traditional access to employees, as its scope reaches to union hand billing the general public and other staff on university property. We find that these broader regulations on union leafleting activity designed to reach both the public and employees are also within the scope of negotiations.