EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS – Access - Union Right

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A long line of precedent illustrates that otherwise valid access restrictions nonetheless interfere with protected rights if they are discriminatory in either scope or application. “Whatever the occasion or cause, if the limited intrusion into worktime and work areas is permitted, it cannot be denied for other, equally or less intrusive solicitation or concerted employee activities.” (Petaluma, supra, PERB Decision No. 2485, p. 50.) Indeed, PERB has many times applied these principles to find that rules restricting union activity during working time are impermissible when a similar level of non-business activity is permitted. (County of Orange, supra, PERB Decision No. 2611-M, pp. 3-4; Regents of the University of California (Irvine), supra, PERB Decision No. 2593-H, pp. 8-9.) (p. 44.)