Labor Relations Fundamentals for Community College Districts

District communication systems, for all non-work matters. For example, an employer may have a policy restricting distribution of political endorsements via employee mailboxes, so long as the policy is reasonable and viewpoint neutral. 54 b. Union’s Right to Visit the Workplace In carrying out its function, the union also has a right to meet with employees. An employer must permit union representatives (including those who are not employees), to visit the premises in order to check working conditions or investigate grievances. To prevent abuse of these rights, rules usually exist requiring advance notice to management and requesting permission from area supervisors for such visitations. However, by disregarding such rules the employer can create an established past practice that no advance notice or permission is required, thus relinquishing some of the management right to control the physical environment of the workplace. For example, if the employer establishes a practice of allowing the union to hold meetings in the division or department conference room for a period of 15 months, the district cannot suddenly and unilaterally decide to exercise its discretion and deny usage. The union may have established a reasonable argument that such meetings in this location constitute a protected activity based on past practice, and thus the employer cannot prohibit meetings at that location without providing the opportunity to meet and negotiate. c. Union’s Right to Participate in New Employee Orientation A union is entitled to meaningful access to their represented members to (1) communicate about the rights and obligations created by the collective bargaining agreement, (2) discuss the role of the representative, and (3) answer questions. 55 Meaningful access includes mandatory access to an employer’s new employee orientations, with at least ten days’ notice, with certain exceptions. 56 The structure, time, and manner of union access to new employee orientation is subject to negotiations, and must be determined through mutual agreement between the employer and the union. Failure of the parties to reach agreement on the structure, time, and manner of the access is subject to compulsory interest arbitration. 57 d. Union’s Right to Employee Contact Information An employer must also provide a union with the following information about any newly hired employee: name, job title, department, work location, work, home, and personal cellular telephone numbers, personal email addresses on file with the employer, and home address. Such information must be provided within 30 days of the date of hire or by the first pay period of the month following hire. 58 In addition, an employer must also provide the union with a list of that information for all employees in the bargaining unit at least every 120 days, unless more frequent or more detailed lists are required by an agreement with the exclusive representative. 59 The parties may develop procedures to allow employees to object to disclosure of personal contact information. 60

Labor Relations Fundamentals for Community College Districts © 2019 (c) Liebert Cassidy Whitmore 16