EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS – In General; Prima Facie Case.

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401.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS
401.01000 – In General; Prima Facie Case.

PERB has upheld employer rules requiring union representatives to identify themselves upon arrival, as long as those rules are not applied to employee organizations differently from other visitors. (Regents of the University of California (2004) PERB Decision No. 1700-H, adopting proposed decision at p. 53; Long Beach Unified School District (1980) PERB Decision No. 130, p. 15 (Long Beach).) Such rules are reasonable because they protect the employer’s legitimate interest in monitoring visitors. (Long Beach, supra, pp. 15-16.) However, rules requiring advance notice of unscheduled visits by union representatives, whose availability is “sporadic and unpredictable,” are unreasonable. (Regents of the University of California, supra, adopting proposed decision at p. 71.) (p. 36.)