SCOPE OF REPRESENTATION – Disciplinary Procedures

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1000.02030 – Disciplinary Procedures

A performance improvement plan touches on two negotiable subjects—procedures for evaluation and disciplinary procedures. PERB has determined that both are within the scope of representation. Where employer introduces a performance improvement plan as a new disciplinary instrument or procedure, it must first negotiate with exclusive representative because a performance improvement plan threatens potential discipline and represents a change in the evaluation procedure, both matters within the scope of representation.