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

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Unions have a significant task in evaluating the many complaints and issues that employees bring to them and deciding which ones merit a grievance or other action, and on-site inspection is a critical component of this task. (New Surfside Nursing Home, supra, 322 NLRB at p. 535 [while employees can report information to union representative based on their direct observations, the union is entitled to investigate independently before deciding whether employees have raised a meritorious issue that union should pursue]; Gilberton Coal Co. (1988) 291 NLRB 344, 348 [onsite inspection allows the Union to “determine the current accuracy of the employees[’] allegations” regarding health conditions at the employer’s facility].) (pp. 31-32.)