UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES – Distribution of Literature

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Even though leafleting is a constitutionally protected activity, subject to reasonable time, place and manner restrictions, the question of unilateral change in the employer’s leafleting policy can be decided without resort to enforcing constitutional rights. As noted earlier, if the parties believe that our decision fails to resolve underlying constitutional issues, or that our decision intrudes on constitutional rights, they will be free to seek redress in the courts, having exhausted their administrative remedies. This Board has consistently described leafleting to advertise a labor dispute as presumptively protected activity. The Board held that the distribution of leaflets by community college faculty members to members of the public attending the college’s graduation ceremonies was protected conduct under EERA. As in this case, the leaflets criticized the employer’s policies in the context of a labor dispute and were distributed on the college’s property.