EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS – In General; Prima Facie Case.
Single Topic for Decision 2697M
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401.01000 – In General; Prima Facie Case.
The MMBA affords both employee and non-employee representatives of employee organizations access to areas in which employees work, subject to reasonable employer regulation. (County of Orange (2018) PERB Decision No. 2611-M, p. 3 (Orange); County of Riverside (2012) PERB Decision No. 2233-M, p. 8.) Any such regulation must be both necessary to the employer’s efficient operations or safety of employees or others, and narrowly drafted to avoid overbroad, unnecessary interference with the exercise of statutory rights. (Orange, supra, PERB Decision No. 2611-M, p. 3.) Moreover, an otherwise lawful rule will violate the MMBA if its language or application singles out union or other protected activities, as compared to non-protected activities. (Orange, supra, PERB Decision No. 2611-M, pp. 3-4; Regents of the University of California (Irvine) (2018) PERB Decision No. 2593-H, p. 8; Petaluma City Elementary School District/Joint Union High School District (2016) PERB Decision No. 2485, p. 50.)