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

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Even California public employers providing sensitive services, such as acute patient care and classified national defense research, must narrowly tailor their access rules to avoid overbroad, unnecessary interference with statutory rights. (UCLA Medical Center, supra, PERB Decision No. 329-H, p. 10; Lawrence Livermore, supra, PERB Decision No. 212-H, pp. 13-14 [rejecting employer’s argument that the presumptive right of access either does not apply or is rebutted by national security requirements].) The Board has previously addressed access rights in workplaces that deal with private information, applying the operative test in a fact-intensive inquiry that carefully considers the sensitive work being performed and the safeguards needed to protect such work while still affording statutory rights to the degree possible. (See, e.g., Riverside, supra, PERB Decision No. 2233-M, p. 9; Lawrence Livermore, supra, PERB Decision No. 212-H, p. 14.) (p. 28.)