SCOPE OF REPRESENTATION – Disciplinary Action

Single Topic for Decision 1713E


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1000.00000 – SCOPE OF REPRESENTATION
1000.02029 – Disciplinary Action

The utilization of a form for documenting public complaints is a matter within the scope of representation. A subject is negotiable if it is specifically enumerated in the Act’s scope of representation definition. (Sec. 3543.2.) Section 3543.2(b) identifies “causes and procedures for disciplinary action, other than dismissal, including a suspension of pay for up to 15 days, affecting certificated employees.” The public complaint procedure whereby formal complaints involving harassment/discrimination were documented in the public complaint form and provided to the Association must be considered a procedure for disciplinary action, because District witness admitted that the public complaint procedure applied to the cases of two employees and because his investigation in both cases resulted in the imposition of discipline short of dismissal. (adopting proposed decision at p. 13.)