All notes for Subtopic 300.11000 – Distribution of Literature

DecisionDescriptionPERC Vol.PERC IndexDate
2611M County of Orange
300.11000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Distribution of Literature
Employee and non-employee representatives of employee organizations may access employee work areas, subject to reasonable employer regulation. Any such regulation must be both necessary to the employer’s efficient operations or safety of employees or others, and narrowly drawn to avoid overbroad, unnecessary interference with the exercise of statutory rights. However, an employer’s otherwise lawful access restrictions may nevertheless interfere with protected rights when applied discriminatorily against unions or protected activity. (p. 3.) more or view all topics or full text.
4310112/19/18
2517C Fresno County Superior Court * * * VACATED IN PART by Fresno County Superior Court (2019) PERB Decision No. 2517a-C
300.11000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Distribution of Literature
Under the PERB-administered statutes, the organizational right of access to the workplace is presumed and the burden is on the employer to establish that its regulation is reasonable and necessary under the circumstances to prevent disruption of operations. PERB has long held that wearing union clothing, buttons or pins in the workplace is protected, absent a showing of special circumstances to justify the restriction. Because PERB found no persuasive showing of special circumstances to justify the Court’s personnel rule banning distribution and solicitation in working areas more or view all topics or full text.
4114002/27/17
2300H Regents of the University of California
300.11000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Distribution of Literature
Even though leafleting is a constitutionally protected activity, subject to reasonable time, place and manner restrictions, the question of unilateral change in the employer’s leafleting policy can be decided without resort to enforcing constitutional rights. As noted earlier, if the parties believe that our decision fails to resolve underlying constitutional issues, or that our decision intrudes on constitutional rights, they will be free to seek redress in the courts, having exhausted their administrative remedies. This Board has consistently described leafleting to advertise a labor dispute as presumptively protected activity. The Board held that the distribution of leaflets by community college faculty members to members of the public attending the college’s graduation ceremonies was protected conduct under EERA. As in this case, the leaflets criticized the employer’s policies in the context of a labor dispute and were distributed on the college’s property. more or view all topics or full text.
12/20/12
1479S California State Employees Association (Hard, et al.)
300.11000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Distribution of Literature
Charging Party did not provide an adequate showing that participation in rallies, distributing literature, wearing union buttons or t-shirts impacted the employer-employee relationship sufficiently to support a finding of protected activity. more or view all topics or full text.
263306505/02/02
1365S State of California (Employment Development Department) * * * SUPERCEDED by State of California (Employment Development Department) (2001) PERB Decision No. 1365a-S
300.11000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Distribution of Literature
Thirty employees conducted the unity break during their morning break in the Long Beach EDD office, they did so in a work area in which approximately 30 other employees were at their work stations on duty. Therefore, the unity break activity did not occur during nonwork time in a nonwork area and EDD may restrict the activity in order to maintain order and production; pp. 10-11. Activities such as the unity break at issue in this case may be restricted by the employer if they do not occur during nonwork time in nonwork areas. In these circumstances, the employer must be given leeway to restrict those activities in order to maintain order, production or discipline. This would include situations in which the employees conducting the activities are on nonwork time, but the activities occur in a work area during a period in which other employees are working; p. 10. more or view all topics or full text.
243102612/17/99
2485E Petaluma City Elementary School District/Joint Union High School District
300.11000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Distribution of Literature
Similar to union access and released time for employee representatives, PERB regards employee rights to communicate, solicit and distribute information at work as encompassing both statutory rights and negotiable matters. A categorical prohibition against distributing literature or other means of communication states a prima facie case of employer interference 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. more or view all topics or full text.
412306/30/16
0319H Regents of the University of California (California State Employees Association, Chapter 41)
300.11000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Distribution of Literature
Employee's efforts to have bulletin board mounted and to post organizational materials were in furtherance of union's goals of communicating with and representing employees. more or view all topics or full text.
71417706/10/83
0224E Mt. San Antonio Community College District
300.11000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Distribution of Literature
Teachers were improperly disciplined for distributing leaflets (at graduation) which were critical of District's fiscal management. Content of leaflets and activity of teachers did not lose protected status since their efforts related to legitimate labor dispute. Fact that the issues are not negotiable subjects not determinative since they are matters on which the union has consultation rights. Thus, teachers' actions fell within right to participate in activities of employee organization. Leaflet not opprobious, malicious or defamatory in context; pp. 5-7. more or view all topics or full text.
61316306/30/82
0188E John Swett Unified School District
300.11000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Distribution of Literature
District agent's chastisement of employee who conducted a poll among employees which caused dissension among faculty improper interference with right of employee to engage in protected activity. Certain statements of District agent went beyond bounds of operational necessity and had a coercive meaning viewed in overall context rather than being a legitimate problem-solving conversation; pp. 6-7. more or view all topics or full text.
61301812/21/81
0147E Santa Monica Unified School District
300.11000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Distribution of Literature
A union officer's letter to unit members asking that they not encourage participation in a disputed environmental education project is protected conduct. more or view all topics or full text.
51200312/10/80
0047E Pittsburg Unified School District
300.11000: UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES; Distribution of Literature
No discrimination where employees suspended for breaking District rules unrelated to protected activity. Employees properly disciplined for offensive union leaflet where motivation was unrelated to protected activity itself but focused on nature of the leaflet. more or view all topics or full text.
2205102/10/78