All notes for Subtopic 401.04000 – Access – Union Right

DecisionDescriptionPERC Vol.PERC IndexDate
2697M County of Tulare (Service Employees International Union Local 521)
401.4000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Access - Union Right
The MMBA affords both employee and non-employee representatives of employee organizations access to areas in which employees work, subject to reasonable employer regulation. (County of Orange (2018) PERB Decision No. 2611-M, p. 3 (Orange); County of Riverside (2012) PERB Decision No. 2233-M, p. 8.) Any such regulation must be both necessary to the employer’s efficient operations or safety of employees or others, and narrowly drafted to avoid overbroad, unnecessary interference with the exercise of statutory rights. (Orange, supra, PERB Decision No. 2611-M, p. 3.) Moreover, an otherwise lawful rule will violate the MMBA if its language or application singles out union or other protected activities, as compared to non-protected activities. (Orange, supra, PERB Decision No. 2611-M, pp. 3-4; Regents of the University of California (Irvine) (2018) PERB Decision No. 2593-H, p. 8; Petaluma City Elementary School District/Joint Union High School District (2016) PERB Decision No. 2485, p. 50.) more or view all topics or full text.
02/20/20
2611M County of Orange
401.4000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Access - Union Right
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. Moreover, 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
2611M County of Orange
401.4000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Access - Union Right
An employer may restrict non-business activities during work time, but it may not single out union activities for special restriction or enforce general restrictions more strictly with respect to union activities. (p. 3.) The employer violated this premise because it was aware of and permitted employee-run social committees to engage in non-business activities during work time but singled out union activity (e.g., soliciting information regarding working conditions or ongoing grievances) as being inappropriate non-business activities during work time. (pp. 4-5.) more or view all topics or full text.
4310112/19/18
2611M County of Orange
401.4000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Access - Union Right
Though a social committee’s activities may support an employer’s efficient operations (e.g., increasing morale, team building, and generating a productive workforce), the employer may not distinguish between such non-business activities and those of the exclusive bargaining representative when there is no significant difference in the nature or extent of the employer’s and union’s activities. Such distinction results in the overbroad, discriminatory application of an otherwise lawful regulation. (pp. 6-7.) more or view all topics or full text.
4310112/19/18
2588E Los Angeles Unified School District
401.4000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Access - Union Right
A public school employer’s e-mail system is an “other means of communication” under EERA section 3543.1, subd. (b), which sets forth employee organizations’ statutory right to access the employer’s premises for communication with public employees. (pp. 6-7.) However, the employee organization’s statutory right does not require a public school employer to send broadcast e-mails to employees on the employee organization’s behalf. (p. 8.) more or view all topics or full text.
436310/17/18
2556M County of San Bernardino
401.4000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Access - Union Right
Employee organizations that have not been recognized have a right to access non-working areas of an employer’s premises to solicit for union membership and distribute literature to employees during their non-work time. more or view all topics or full text.
4211403/06/18
2300H Regents of the University of California
401.4000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Access - Union Right
PERB has held that access rules are negotiable and unilateral changes in those rules are unfair practices under HEERA. 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. The right to picket peaceably and truthfully is one of organized labor’s lawful means of advertising its grievances to the public, and as such is guaranteed by the Constitution as an incident of freedom of speech. The same right is protected under EERA, as it is a collective activity both constitutionally protected and long recognized in foundational labor law to be intimately related to the ability of employees to engage in union activities, a right literally conferred by the text of EERA. No less protected is the right to leaflet. Both activities are undertaken to publicize the labor dispute to the public, to garner the public’s support for labor’s position, to demonstrate the strength and support for union demands, to build solidarity among fellow employees, etc. Union access rules are negotiable. Access to the public employer’s property for the purpose of communicating the union’s message implicates a variety of issues that the mediatory influence of collective bargaining is likely to resolve, such as reasonable time, place and manner restrictions, and the designation of places that the employer may legitimately reserve for itself as an area in which it is the only permitted speaker. The regulation at issue here purports to regulate more than traditional access to employees, as its scope reaches to union hand billing the general public and other staff on university property. We find that these broader regulations on union leafleting activity designed to reach both the public and employees are also within the scope of negotiations. A union’s publicizing its dispute over terms and conditions of employment to the public at large as well as to its members and other employees goes to the essence of the employment relationship. Providing information to the public and urging it to support labor’s demands with the public employer is one of the more important levers employees and their representative organizations have in securing demands over wages, benefits and other terms and conditions of employment. Few subjects could be more closely related to or involved with the employment relationship. The right of access to facilities where employees work is presumptive and employer restrictions on that right must be narrowly drawn. In the absence of facts demonstrating why daily access to break rooms would be disruptive to university operations, the employer may not prevail here by simply saying the union had all the access it needs. Such a position does not meet the standard of a narrowly drawn regulation that avoids overbroad and unnecessary interference. Further, it is not for the employer to determine how much access is “needed” by the union, especially in the absence of evidence that such frequent access was or tended to be disruptive. more or view all topics or full text.
12/20/12
2231M Stanislaus Consolidated Fire Protection District
401.4000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Access - Union Right
Where charge alleged that respondent removed a negotiated provision of the expired memorandum of understanding relating to union access rights and eliminated the Union Time Bank in response to the filing of grievances by individual unit members, such allegations are sufficient to state a prima facie case of interference in that the overall effect of the respondent’s conduct was to discourage employees from utilizing the grievance procedures and asserting their rights under the statutory scheme and, therefore, tended to or did result in harm to employee rights under the Carlsbad interference standard. more or view all topics or full text.
3611101/20/12
2233M County of Riverside
401.4000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Access - Union Right
We construe the MMBA to afford employee and non-employee representatives of employee organizations alike, access to areas in which employees work. This access is subject to reasonable employer regulation upon the employer’s showing that a particular regulation is both necessary to the efficient operation of the employer’s business and/or the safety of its employees and others, and narrowly drawn to avoid overbroad, unnecessary interference with the exercise of statutory rights. more or view all topics or full text.
3611301/23/12
2145M West Contra Costa Healthcare District
401.4000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Access - Union Right
Employer’s requirement that incumbent union’s non-employee organizers sign in and wear an identification badge to access non-public areas of the employer’s hospital did not interfere with the union’s access rights because the hospital imposed the same requirement on other members of the public who wished to access the same areas. more or view all topics or full text.
35511/30/10
2030M Omnitrans
401.4000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Access - Union Right
The MMBA grants unions a right of access to an employer’s premises for the purpose of communicating with employees subject to reasonable time and place regulations by the employer. more or view all topics or full text.
339105/29/09
2030M Omnitrans
401.4000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Access - Union Right
An employer may regulate union activity in a non-work area during non-working time only if the regulation is necessary to maintain order, production or discipline. Assembly room where bus drivers congregated before and after shifts was not a work area because, even though work was occasionally performed in the room, its primary purpose was as a place for employees to engage in non-work activities. Drivers who were on “standby” duty waiting for assignment were not on working time, even though they were paid for the time, because they were not performing any actual work duties. MOU provision that required prior permission for union access to on duty employees did not waive the union’s right to access standby drivers during their paid, non-working time without prior permission. Employer failed to show legitimate business reason for having employee/union officer removed from assembly room because the evidence showed the officer was not disrupting the employer’s operations in any way by speaking to individual drivers about union matters. more or view all topics or full text.
339105/29/09
1979C Los Angeles County Superior Court * * * OVERRULED IN PART by Napa Valley Community College District (2018) PERB Decision No. 2563
401.4000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Access - Union Right
An employer’s use of a particular internal means of communication to state its position on labor relations issues does not entitle a union to use that same means, unless the union can show it has no effective alternate means of communicating its position to employees. Employer’s use of broadcast e-mail messages to update employees about ongoing collective bargaining did not require the employer to grant the union an exemption from its policy prohibiting broadcast e-mails so the union could state its views on labor relations issues via broadcast e-mail, especially when the record clearly showed that the union had ample alternate means of communicating with employees regarding collective bargaining. more or view all topics or full text.
3215110/07/08
1921E Desert Community College District
401.4000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Access - Union Right
Union meetings on community college district property are protected under EERA sections 3543 and 3543.1. The right of access under section 3543.1(b) is limited to purposes concerning employer-employee relations. The Board has substantially limited an employer’s ability to censor or impose prior restraints upon the content of union communications. The Board has held that “school employer regulation under section 3543.1(b) should be narrowly drawn to cover the time, place and manner of the activity, without impinging on content unless it presents a substantial threat to school operations.” (Richmond Unified School District/Simi Valley Unified School District (1979) PERB Decision No. 99.) The presence of an item entitled “Board of Trustees Election” on a union meeting agenda does not remove the meeting from protection under section 3543.1(b), which provides unions a right of access to employer facilities to hold meetings to discuss employer-employee relations. The District vice principal’s emails seeking to remove an item referencing an upcoming Board of Trustees election from an agenda for a members-only union meeting to be held at the college premises constituted unlawful interference with the protected rights of the employees and the employee organization. more or view all topics or full text.
3113708/10/07
1905M City of Porterville * * * OVERRULED IN PART by Grossmont Union High School District (2010) PERB Decision No. 2126
401.4000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Access - Union Right
The MMBA authorizes the City to adopt its own reasonable access rules. This provision gives the City a measure of discretion in drafting its own access policy. Denial of access was justified by legitimate business reasons because the union representative had not requested consent according to the City’s access policy, and had sought access to a work area during work time. more or view all topics or full text.
319805/10/07
1891M City of Los Altos
401.4000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Access - Union Right
The City’s policy of refusing to provide disciplinary information absent a request by the union and consent by the employee involved did not constitute interference because the union failed to demonstrate that the City's conduct resulted in any harm to employee rights. more or view all topics or full text.
317403/14/07
1854H Regents of the University of California
401.4000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Access - Union Right
The University’s removal of union notices was not improper even though other organizations were permitted to post near the elevators because, here, the parties bargained over union access rights, including the posting of union notices. more or view all topics or full text.
3015608/29/06
1507H Trustees of the California State University
401.4000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Access - Union Right
A policy that unlawfully restricts union access creates a corresponding interference with employee’s representation rights under HEERA section 3571(a). more or view all topics or full text.
272601/08/03
1374S State of California (Department of Youth Authority)
401.4000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Access - Union Right
Absence of Dills statutory language on right of access is not a defense to State's unilateral change of access rights. more or view all topics or full text.
243105902/28/00
1339S State of California (Department of Corrections)
401.4000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Access - Union Right
The text of the Dills Act does not explicitly grant employee organizations a right of access to the employer's property for purposes of communication with members. Even absent statutory authorization, it is well established in federal cases that employee organizations may in some circumstances gain access rights to an employer's property. (NLRB v. Babcock & Wilcox Co. (1956) 351 U.S. 105 [38 LRRM 2001].) Such access rights become available in two circumstances: (1) when the usual means of communication are ineffective or unreasonably difficult, or (2) when the employer's prohibition on access is discriminatory on its face or as applied. This rule has been adopted by the PERB. (See State of California (Department of Transportation, et al.) (1981) PERB Decision No. 159b-S; Sierra Sands Unified School District (1993) PERB Decision No. 977; State of California (Department of Personnel Administration, et al.) (1998) PERB Decision No. 1279-S.) The burden of proof in meeting this requirement is on the charging party. Even though union had other means of communication, lack of a private meeting room at least slightly hinders it in doing so and denial of the room is a violation. more or view all topics or full text.
233014608/03/99
0608E Long Beach Unified School District
401.4000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Access - Union Right
Union may waive right of access by language in contract, so long as there is no serious impairment of those access rights granted by statute; p. 17. Association waived right to object to regulations regarding 24-hour notice of access and management's right to designate meeting locations where contract specifically provided for these two limitations; pp. 17-18. Once Association demonstrates restrictions on presumptive right of access, employer must rebut presumption by demonstrating such access would be disruptive. Here, lack of proof prevented Board from conclusion that regulation is reasonable; p. 26. Where contract specifically precluded access during the conference period because it designated as "worktime", it is presumptively unavailable for access; pp. 18-25. 20-minute duty periods before and after school are defined by contract as part of workday and are unavailable for access. In so finding, the Board reversed Long Beach School District (1982) PERB Decision No. 130, which required a showing that such periods must be "expressly and/or uniformly reserved for preparation" to be considered worktime; pp. 18-25. more or view all topics or full text.
111802901/07/87

401.4000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Access - Union Right
Court holds that the letters of the carrier exception does not permit university's carriage of union's letters in its internal mail system. As letters relate to the union's efforts to organize certain employees, letters relate only to union's current business, not university's current business. As university's carriage of the union's letters results in an exchange of benefits, the carriage is not "without compensation." Therefore, the private hands exception does not permit university's carriage of letters in its internal mail system. more or view all topics or full text.
1279S State of California (Departments of Personnel Administration, et al. * * * OVERRULED IN PART by Napa Valley Community College District (2018) PERB Decision No. 2563
401.4000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Access - Union Right
State agency violated the Dills Act when it adopted a policy that allows employees to use the State's electronic mail system for minimal amounts of personal communication so long as the subject of the communication does not pertain to employee organization matters. State agencies violated the Dills Act by discriminatorily applying facially neutral policies in a way that prohibits communication about employee organization business while permitting other personal communication. These discriminatory actions interfered with the rights of employees to participate in the activities of employee organizations and the right of CSEA to communicate with its members. Access rights not described in the statute become available to a union in 2 circumstances: (1) usual means of communication are ineffective or unreasonably difficult; or (2) employers prohibition on access is discriminatory on its face or as applied. Once an employer has opened or unreasonably difficult; or (2) employers prohibition on access is discriminatory on its face or as applied. Once an employer has opened involving union activities. more or view all topics or full text.
222914808/21/98
1190E Elk Grove Unified School District
401.4000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Access - Union Right
No prima facie case of access denial when union failed to show that placing union representative on administrative leave interfered with employee's ability to perform union duties; p. 1, dismissal letter. To establish that an employer interfered with the right to access, the union must allege that the employer imposed objectively unreasonable restriction's on the union's right to access; p. 2, warning letter. more or view all topics or full text.
212807003/25/97
1105E Pomona Unified School District
401.4000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Access - Union Right
Government Code section 6254.3 neither part of the EERA nor is it incorporated by reference. more or view all topics or full text.
192609805/18/95
1026S State of California (Department of Parks and Recreation) (International Union of Operating Engineers, Craft-Maintenance Division, Units 12 and 13)
401.4000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Access - Union Right
Unions have a protected right to communicate with its members at work sites which has been found by the Board to exist in its right of access; p. 5; Whether or not other means of communication are available does not deny a particular form of access; p. 6; Only when a particular type of communication is disruptive will the Board look to other means of communication. more or view all topics or full text.
182501111/17/93
0833E Los Rios Community College District
401.4000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Access - Union Right
EERA provides for access to an employer's facilities only to an employee organization and not to individual employees; pp. 4, 6. more or view all topics or full text.
142116008/10/90
0729H California State University, Chico (O'Connell, Johnson, et al.)
401.4000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Access - Union Right
A non-exclusive employee organization's flyers that were randomly distributed, or "shotgunned" through the CSU internal mail system were not within the definition of "Letter" as defined by federal postal regulations; and therefore Regents of the University of California v. Public Employment Relations Board (1988) 485 U.S. 589, [99 L.Ed.2d 664] is not controlling; pp. 10-11. more or view all topics or full text.
132008304/14/89
0725H Regents of the University of California (University of California, American Federation of Teachers)
401.4000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Access - Union Right
Access rights under HEERA are restricted by federal Private Express Statutes. These restrictions apply to all unions whether exclusive or not, (pp. 5-7) and, subject to "reasonable regulations" pursuant to Gov. Code section 3568; pp. 8-9. Reversed and remanded by 1st DCA, Case No. A045723. more or view all topics or full text.
132006503/21/89
0721E Long Beach Unified School District
401.4000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Access - Union Right
Union's newsletter bundles fall under the definition of "letter" and are not permitted to be sent through the employer's internal mail system; p. 14. (See Dissent's discussion of reasonableness of its access regulations.) more or view all topics or full text.
132005803/03/89
0628E Woodland Joint Unified School District
401.4000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Access - Union Right
Restriction on union president's access to transportation office interfered with employee's right to engage in conduct protected by statute; p. 3. more or view all topics or full text.
111812106/30/87
0601S State of California (Department of Personnel Administration, Developmental Services, and Mental Health); State of California (Department of Personnel Administration) (Communications Workers of America/California Association of Psychiatric Technicians)
401.4000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Access - Union Right
Unilateral changes in access requirement of 24 hour notice from the recognized collective bargaining agent's representative is improper where policies are set out in the contract. Unilateral change in telephone use by the union is improper where it amounts to a change in past practice. State may rationally regulate use of meeting rooms; pp. 61-66, proposed dec. more or view all topics or full text.
111802012/30/86
2485E Petaluma City Elementary School District/Joint Union High School District
401.4000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Access - Union Right
Allegation that public school employer specifically prohibited distribution of “union” information during the 30 minutes before the start of the regular work day stated prima facie allegation of employer interference with protected employee and organizational rights because it was overbroad in its categorical ban on distributing flyers at any time during the workday, without regard to off-duty time, such as employee meal or rest breaks. more or view all topics or full text.
412306/30/16
0504H Regents of the University of California (American Federation of State, County and Municipal Employees) * * * VACATED by Regents of University of California v. PERB (1986) 177 Cal.App.3d 648
401.4000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Access - Union Right
Employer policy which allows outside individuals or organizations access to the employer's facilities but denies access to employee organizations is not reasonable and violates HEERA. more or view all topics or full text.
91612304/23/85
0375E Healdsburg Union High School District and Healdsburg Union School District/San Mateo City School District
401.4000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Access - Union Right
In providing for a right of access to "other means of communication" besides those explicitly set forth in the subsection b of 3543.1, the legislature did not intend those explicitly cited means of access to be exhaustive; p. 19. more or view all topics or full text.
81502101/05/84
0329H Regents of the University of California, University of California Los Angeles Medical Center
401.4000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Access - Union Right
Employer's rules restricting access to areas within the acute care hospital are reviewed, some upheld and others rejected. Test of balancing justifiable concerns and avoiding overbroad, unnecessary interference with statutory rights. HEERA provides to employee organization representatives, employee and nonemployee alike, a presumptive right of access to employees at reasonable times in areas where they work; p. 6. Presumptive right can be rebutted by evidence that a ban on access is necessary to prevent disruption of health care operations or disturbance of patients. Employee lounges, locker rooms and classrooms are not immediate patient care areas, and are legitimate avenues of access. Exceptions discussed including employer's right to make reasonable precautions to prevent spreading infections. Employer carries burden of proving disruption would occur. Availability of alernative access is important factor to infections. Employer carries burden of proving disruption would occur. Availability of alernative access is important factor to with right of employees who wish to participate in employee organization activities; p. 17. more or view all topics or full text.
71421408/05/83
0292E Rio Hondo Community College District
401.4000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Access - Union Right
District's threatened suspension of the statutorily guaranteed employee organization rights of dues deductions, reasonable access, and the right to represent members in grievances constitute separate violations of section 3543.5(a); p. 14. more or view all topics or full text.
71409103/08/83
0254E San Ramon Valley Unified School District
401.4000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Access - Union Right
EERA section 3543.1(b) grants organizations the right to use employer mail facilities, subject to reasonable regulation; interference with right constitutes violations of EERA sections 3543.5(a) and 3543.5(b); p. 3. Education Code section 7054 does not preclude the employer's distribu- tion of union materials referencing a statewide ballot measure, since the latter does not constitute a "school measure of the district." more or view all topics or full text.
61325010/29/82
0212H Regents of the University of California (Lawrence Livermore National Laboratory)
401.4000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Access - Union Right
Subsection 3568 establishes a presumptive right of access for employee organizations. Since no exceptions for national security facilities is set forth in the statute, the Board will not create one; pp. 13-14. A 48-hour notice rule for access to meeting facilities in the open areas of the Lab is unreasonably restrictive; p. 16. The requirement that employee organizations reimburse the University for the cost of escort services utilized pursuant to security regulations is an unreasonable, unjustified tax on the exercise of statutory rights of access; p. 16. Unwillingness of Regents to allow application for top security clearance for union representatives not an unreasonable restriction to organizational access because the screening procedure is costly and time-consuming and alternative sites are available for processing grievance and safety complaints; p. 19. time-consuming and alternative sites are available for processing grievance and safety complaints; p. 19. more or view all topics or full text.
61311604/30/82
0183H University of California at Berkeley (Wilson) * * * SUPERCEDED first by Decision 183a-H, then by Decision 420-H, and finally by the U.S. Supreme Court, 485 U.S. 589
401.4000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Access - Union Right
HEERA section 3568 entitles employee organizations to use University internal mail system to send unstamped organizational literature to members. The University may devise an alternative method of distribution so that supervisors will not be required to deliver the material. more or view all topics or full text.
61300311/25/81
0127S State of California (Department of Corrections) (California Correctional Officers Association)
401.4000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Access - Union Right
Applying Carlsbad #89, no interference, discrimination or denial of access found where employer withdrew previous grant of office space and the assistance of inmate clerks at a prevailing institutional wage. Union was still able to distribute literature through the department mail and use bulletin boards, as well as meet with employees concerning grievance; pp. 4-12. more or view all topics or full text.
41107905/05/80
0130E Long Beach Unified School District
401.4000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Access - Union Right
Employer's regulations regarding access must be reasonable, i.e., consistent with labor law principles in EERA which ensure effective and nondisruptive organizational communications; prohibition on distribution of and solicitation during 20 minute periods before and after classes unreasonable; rule prohibiting instructional aides from distribution or solicitation during same 20 minute periods unreasonable because those periods not part of workday; requirement that nonemployee union organizers obtain identification cards unreasonable because does not apply to all visitors; limitations on numbers of employees who can meet unreasonable; pp. 4-23. more or view all topics or full text.
41109805/28/80
0948S State of California (Department of Personnel Administration) and California Union of Safety Employees
401.4000: EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS; Access - Union Right
The Dills Act is silent about rights of access from employer organizations. However, PERB decision has held "that a right of access is implicit in the purpose and intent" of the law. (State of California (Department of Corrections) (1980) PERB Decision No. 127-S.); p. 36, proposed dec. Since the public employer cannot exclude members of the public from its place of operations, neither can it exclude employee organizations; p. 36, proposed dec. The right to reasonable regulations extends to mail as well as to physical access. It is against this rule of reasonableness that infringements on access must be measured; p. 37, proposed dec. more or view all topics or full text.
162313108/06/92