Decision 0420H – University of California at Berkeley (Wilson) * * * REVERSED IN PART by the U.S. Supreme Court (485 U.S. 589)

SF-CE-4-H

Decision Date: October 18, 1984

Decision Type: PERB Decision

 * * * REVERSED IN PART by the U.S. Supreme Court (485 U.S. 589) * * *

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Perc Vol: 8
Perc Index: 15196

Decision Headnotes

401.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS
401.09000 – Mail Systems

* * * REVERSED IN PART by Regents of University of California v. Public Employment Relations Bd. (1988) 485 U.S. 589, where the United States Supreme Court held that access to employee mailboxes through employer’s internal mail system is partially preempted by federal law.* * *

Section 3568 grants employee organizations the right to use the internal university mail system for distribution of organization literature. The private carriage of employee organization materials through the university's internal mail system does not conflict with federal postal statutes. (Note: Reversed in Regents of the University of California v. Public Employment Relations Board. (1988) 485 U.S. [99 L.Ed.2d 644].