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Policy and Procedure ManualChapter 380, Personnel--General Responsible Department: Employee and Labor Relations A. The California Higher Education Employer-Employee Relations Act (HEERA) permits the University to make reasonable regulations on access to employees. This section contains the UC Davis regulations on such access. B. These regulations apply to: 1. All employee organizations. An "employee organization" is one that includes employees of the University and that exists, in whole or in part, for the purpose of representing employees in grievances, collective bargaining, or disputes with management. 2. All persons who are authorized to act on behalf of an employee organization. The term "employee organization representative" includes those who are employed by the University and those who are not. A. It is the intent of the University to give employee organizations a reasonable opportunity to contact employees. Employee organizations have the right of access at reasonable times to areas in which employees work. They also have the right to use University bulletin boards, mailboxes, and other means of communication, and to use University facilities at reasonable times for the purpose of meetings concerned with the exercise of their HEERA rights. B. These regulations shall not be interpreted or applied so as to disrupt or interfere with the normal operations of, or violate the safety requirements of, the campus or the UCD Health System. C. HEERA rights may be exercised within the limits of these regulations. D. Campus and UCDHS Employee & Labor Relations may publish additional access regulations for some University facilities. E. Although these regulations apply to all employee organizations, collective bargaining agreements may contain provisions that modify or supersede parts of these regulations. When the collective bargaining agreement is silent, these regulations apply. When there is a conflict, the language of the collective bargaining agreement shall control. A. Each employee organization must register with the campus or UCDHS Employee & Labor Relations Office. These offices will provide the form. B. The registration is used to designate the address to which notices will be sent, and to say who is authorized to conduct employee organization business. Only those persons designated by the employee organization may reserve meeting rooms on behalf of the employee organization. IV. Access to Areas in Which Employees Work A. An employee shall not participate in activities relating to employee organizations during work time except: 1. When permitted by University policy or a collective bargaining agreement. 2. When approved by the campus or UCDHS Employee & Labor Relations Manager. B. Employee organization representatives shall have access to areas in which employees work for the purpose of conducting employee organization business only as follows: 1. Nonwork areas. Employee organization representatives are permitted in nonwork areas (such as employee lounges) during nonwork time. 2. Work areas. Employee organization representatives are permitted in employee work areas only when all of the following conditions are met: a. The employee is contacted during nonwork time. b. The contact shall not interfere with or interrupt normal operations, or disrupt employees who are on work time. c. The work area is appropriate for conducting employee organization business. The following are some examples of work areas that are not appropriate. 1) Immediate patient care areas, clinical laboratories, and clinical areas. 2) Academic areas while instruction, learning, counseling, or research is in progress. 3) Research areas when the health, safety, or security of individuals or the research could be adversely affected. 4) Student residential areas. C. "Nonwork time" is time outside working hours, whether before or after work, or during meal or rest periods, when the employee is free to use the time as he or she wishes. D. An employee organization representative may be excluded from a work area if the University makes another nearby area available for the conduct of employee organization business. E. For the security of the campus and the welfare of visitors, departments may designate areas that are not open to the public or unauthorized employees. Examples of these secured areas include but are not limited to campus and UCDHS records areas, cashier stations, private offices, shops, computer areas, radiation areas, animal care areas, some agricultural areas, warehouses, and pharmacies. An employee organization representative must comply with the department visitor policy, or get permission to enter from the campus or UCDHS Employee & Labor Relations Manager. V. Use of University Facilities A. Time, place, and manner of speech and assembly Section 270-20 governs the time, place and manner of speech and assembly on University property. An employee organization has the same rights and is subject to the same requirements as any "other community organization." B. Meeting rooms 1. The process for reserving a meeting room is described in Section 270-20. An employee organization may use a meeting room only for a meeting attended principally by University employees. Only those persons listed on the Employee Organization Registration form (see III above) may reserve meeting rooms. 2. The use of meeting rooms is subject to the availability of space, and to payment of the "variable costs" fees described in Section 270-20. Meeting rooms are scheduled as follows: a. Campus Events & Visitors Services (CEVS) schedules general-purpose rooms on campus. b. Conference Services schedules general-purpose rooms at UCDHS. c. A department that schedules its own rooms must contact Employee & Labor Relations before authorizing employee organizations to use such rooms. C. Distribution of written materials 1. Bulletin boards An employee organization may use general purpose bulletin boards as described under the heading "University Bulletin Boards" in Section 310-25. The use of department bulletin boards is prohibited. Nothing may be affixed to walls, ceilings, floors, light fixtures, doors, elevators, stairways, or other facilities. 2. University mail service An employee organization shall not send materials through the University mail service. 3. U.S. mail U.S. mail received by the University that bears an employee's name and address will be distributed to the employee in the normal manner. 4. Leaflets An employee organization may distribute noncommercial literature in accordance with the rules on outdoor and indoor distribution in Section 310-25, Distributing, Posting, and Exhibiting Information and Literature. 5. Mailboxes Literature may be placed in mailboxes that are labeled with employee names. a. If the mailbox area is open to the public, an employee organization may place literature in the mailboxes. b. If the mailbox area is not open to the public, an employee organization may give literature that is labeled with employee names to the department manager. The department will place the literature in the mailboxes. 6. Literature racks In a location where a literature rack exists, an employee organization may use it, if it has been approved for this purpose by campus or UCDHS Employee & Labor Relations. D. Supplies and equipment 1. Employee organizations and their representatives shall not use University supplies and equipment, including, but not limited to, automobiles, computers, projectors, office supplies, copy machines, and typewriters. 2. The use of University telephones, fax machines, electronic mail, and other electronic means of communication by an employee organization or its representatives shall conform to applicable University policy. The campus and UCDHS Employee & Labor Relations Managers may approve exceptions. VI. Administration of Access Rules A. The campus Employee & Labor Relations Director and the UCDHS Associate Director--Human Resources have been delegated the authority to determine whether an employee organization has committed a violation of University policy, and to impose sanctions. B. Sanctions may be imposed on employee organizations and their representatives. In addition, University employees are subject to corrective action as described in the applicable personnel policy or collective bargaining agreement. C. When an employee organization or its representative has violated a University policy, sanctions may be imposed for a specified period. The sanctions may include, but are not limited to: 1. Loss of bulletin board posting privileges. 2. Loss of room reservation privileges. 3. Loss of access to all or part of the campus. 4. Loss of payroll deduction privileges. 5. Fines or making whole of any monetary loss incurred by the University or its employees. D. The following procedure shall be used in case of a violation of a University policy or regulation. Communications may be sent via fax, hand delivery, or U.S. mail.
Contact the campus or UCDHS Employee & Labor Relations Office. A. Higher Education Employer-Employee Relations Act, California Government Code, Sections 3560-3599. B. Guidelines for Relations with Employee Organizations, President Saxon to Chancellors, April 24, 1980. C. UC Davis Policy & Procedure Manual: 1. Section 270-20, Use and Reservation of University Properties and Event Arrangements. 2. Section 290-04, Maintenance of Order. 3. Section 310-25, Distributing, Posting, and Exhibiting Information and Literature. D. University collective bargaining agreements. E. University of California, Davis, Medical Center Access Regulations. Copyright © 2006 The Regents of the
University of California, Davis Campus. All Rights Reserved. |
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