Q: As a supervisor, what do I do when union representatives or UCSD employees serving as union representatives come to my department offices and want to talk with my employees?
A: The law restricts union representatives from speaking with employees during their work time and in their work areas. Generally, union representatives may speak to employees only in break rooms and lunch areas when employees aren't working. Unions may also schedule, in advance, the use of conference rooms to speak with employees.
Employees' work time refers to all time during the work day except for break periods and lunch. Cases decided by the Public Employment Relations Board (PERB) under the Higher Education Employer-Employee Relation Act (HEERA) have held that employees are working when they are actively engaged in the performance of work and during "down time." Representatives of employee organizations are prohibited from accessing employees during such periods of down time.
In addition, in work areas in which employees take staggered rest or lunch breaks at their work stations, representatives may not enter the work area and "make the rounds" of employees, searching for employees who might be on formal lunch hours or break periods.
If a representative of an employee organization attempts to speak to employees in your department during their work time and/or in an area that you think may not be appropriate, please contact the Office of Labor Relations at (858) 534-2810 for guidance.
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