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.
Challenged local rule stated: “Employee organizations or any of their members shall neither directly nor indirectly [¶ . . . ¶] [e]ngage in organizing activities, including distribution of literature within County buildings.” PERB found such rule inconsistent with the MMBA because it is both discriminatory and overbroad. The rule was discriminatory because it explicitly addressed only protected activities, and there was no evidence that County had a comparable rule restricting employees from soliciting others, or engaging in organizing or publicity in the workplace, about issues or organizations unrelated to protected employee or union rights. The rule was overbroad because by its terms because it included both nonwork times and nonwork areas. The County violated the MMBA by maintaining the rule, irrespective of whether it enforced the rule.