SCOPE OF REPRESENTATION – In General; Test for Subjects Not Specifically Enumerated

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Under the Anaheim test, CSU’s computer usage policies established new grounds for discipline against employees who violate their provisions and so are within the scope of representation. Such policies are subject to negotiation both as to the criteria for discipline and as to the procedure to be followed. CSU’s computer usage policies affect matters within the scope of representation as they pertain to APC’s use of CSU e-mail to communicate with employees. Computer resources, telephones and fax machines comprise “reasonable” means of access in a large academic institution and reasonable access rights are negotiable. Govt. Code section 8314 does not prohibit personal use of computer, telephone and fax equipment; rather, it prohibits use for personal purposes but excludes from that prohibition occasional, incidental or minimal use for personal purposes. Although portions of the policies may concern matters within management prerogative, other issues, involving the ill-defined criteria for discipline, internal monitoring of employee e-mail, and training employees to comply with copyright and other licensing restrictions, clearly are negotiable items. The absence of Educ. Code section 89535 from HEERA 3572.5 does not preclude the parties from negotiating forms and bases for discipline not included within section 89535, provided that the subject is related to wages, hours or other negotiable terms and conditions of employment.