Information for Managers & Supervisors
Our campus has experienced an increase in organizing activity on campus due to a variety of factors, including the implementation of agency fees for represented employees, and you or your employees may have questions about how to respond to requests for access by representatives from employee organizations.Many of our employees are organized into one of twelve collective bargaining units e.g., clerical, service, technical. Each of these units is represented by an employee organization, e.g., CUE, AFSCME, UPTE. Some of these employee organizations have also expressed an interest in representing groups of non-represented employees. The State law that governs collective bargaining rights for University employees (Higher Education Employer-Employee Relations Act) guarantees employees and employee organizations certain rights to conduct representational business, subject to the reasonable regulations by the University. Such activities include meetings, distribution of literature, and other related communications. These rights are generally called "access" rights, which, in a practical sense, means the law protects the employee organization’s access to employees it wishes to represent. They are also provided certain limited access rights to non-represented employees.
The University's policies and procedures regarding access by employee organizations are contained in University Policy 5835.
Guidelines for access by employee organizations can be summarized as follows:
- Employee organizations may not disrupt business operations in a department. These organizations are not entitled to any greater departmental access than members of the general public. Employee organization representatives may place literature in department mailboxes or on bulletin boards, but not at a time or in a manner that interferes with work being done by any other employees. If employees do not have mailboxes, or if such mail slots are located in work areas restricted to Department employees only, the union may leave literature to be placed in a location where employees may pick it up themselves, if they wish. Department supervisors should not distribute such literature, and department employees or representatives may not distribute such literature to other employees who are working.
- Employee organization meetings, organizing, discussions, contacts, etc. between employees, and between employees and their representative, may occur only during non-work time (e.g., breaks, lunch, after hours).
- Employee organizations may use University meeting facilities during non-work hours, subject to the Department's or University's normal scheduling or reservation procedures, including fees. This includes departmental meeting rooms, conference rooms, classrooms and other areas.
- University supplies or communications equipment such as telephones, fax machines, computers, printers, etc. may not be used for conducting employee organization business. Equipment and supplies are intended for University business only. Use of University electronic mail systems is also restricted. Please refer to the campus’ Electronic Communications Policy, BFB IS-6 for further information. This policy is available on the UCOP site.
Employee representatives are knowledgeable and generally cooperative regarding access regulations, but questions and issues may arise. Please feel free to contact one of the Employee & Labor Relations staff for assistance, x4119.