UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES – Speech

Single Topic for Decision 2485E

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Similar to union access and released time for employee representatives, PERB regards employee rights to communicate, solicit and distribute information at work as encompassing both statutory rights and negotiable matters. The statutory right of employees to be represented by employee organizations generally includes the right to communicate with one another about working conditions, to show allegiance to the organizations of their choice and to express solidarity with other employees for the purpose of representation or for other mutual aid or protection. A categorical prohibition against distributing literature or other means of communication states a prima facie case of employer interference with fundamental rights of employee organizations to represent and communicate with employees and of employees to self-organize and communicate with one another in the workplace.