All notes for Subtopic 1000.02029 – Disciplinary Action

DecisionDescriptionPERC Vol.PERC IndexDate
2262E Fairfield-Suisun Unified School District
1000.2029: SCOPE OF REPRESENTATION; Disciplinary Action
Employee discipline, including criteria and procedures, are within the scope of representation. Where external law mandates certain procedures within the scope of representation, those procedures are negotiable only to the extent of the employer’s discretion. Federal drug testing regime does not mandate establishment of a “zero tolerance” policy. Such policy is therefore negotiable. more or view all topics or full text.
3617605/08/12
1656H Trustees of the California State University
1000.2029: SCOPE OF REPRESENTATION; Disciplinary Action
Disciplinary procedures and policies are within the scope of representation. However, adoption of a federally mandated policy for investigating student complaints of unlawful discrimination is not within scope where policy state that any discipline will follow contractual guidelines. more or view all topics or full text.
2819707/08/04
1507H Trustees of the California State University
1000.2029: SCOPE OF REPRESENTATION; Disciplinary Action
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. 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. more or view all topics or full text.
272601/08/03

1000.2029: SCOPE OF REPRESENTATION; Disciplinary Action
Pursuant to the Anaheim test, disciplinary action is a subject within the scope of representation. [162 Cal.App.3d at 830-831] more or view all topics or full text.
1270E San Bernardino City Unified School District * * * OVERRULED IN PART by Contra Costa Community College District (2019) PERB Decision No. 2652
1000.2029: SCOPE OF REPRESENTATION; Disciplinary Action
Furthermore, PERB has held "rules of conduct which subject employees to disciplinary action are subject to negotiation (that is, are within scope) both as to criteria for discipline and as to procedure to be followed"; p. 52, proposed dec. more or view all topics or full text.
222911306/22/98
0460E Monrovia Unified School District
1000.2029: SCOPE OF REPRESENTATION; Disciplinary Action
Statutory amendment adding discipline short of dismissal to section 3543.2 does not mean that the subject was previously outside of scope. The addition of a new enumerated subject means only that the subject no longer must analyzed under Anaheim balancing test. more or view all topics or full text.
91602812/13/84
0383E San Mateo City School District
1000.2029: SCOPE OF REPRESENTATION; Disciplinary Action
Proposals regarding disciplinary action are negotiable; pp. 10-13. more or view all topics or full text.
81508104/30/84
0377E Placer Hills Union High School District
1000.2029: SCOPE OF REPRESENTATION; Disciplinary Action
Fact that discipline may result from breach of work rule does not make rule negotiable; p. 36. more or view all topics or full text.
81503702/14/84
0375E Healdsburg Union High School District and Healdsburg Union School District/San Mateo City School District
1000.2029: SCOPE OF REPRESENTATION; Disciplinary Action
Proposals regarding criteria of imposing discipline negotiable; pp. 67-69. To extent proposal regarding downward adjustments (defined as demotions) was consistent with Education Code section 45101(d)(e), it was negotiable; p. 51. more or view all topics or full text.
81502101/05/84