EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS – Ban on Distribution or Solicitation

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401.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS
401.03000 – Ban on Distribution or Solicitation

“A categorical prohibition against distributing literature or other means of communication interferes 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.” (Petaluma City Elementary School District/Joint Union High School District (2016) PERB Decision No. 2485, p. 44, emphasis in original.) Such a rule must not only be nondiscriminatory in language and in application, it must also permit protected activities in nonwork times and nonwork areas. (Id. at pp. 45-47.)