All notes for Subtopic 1000.02030 – Disciplinary Procedures

DecisionDescriptionPERC Vol.PERC IndexDate
2494M City of Davis
1000.2030: SCOPE OF REPRESENTATION; 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. more or view all topics or full text.
413306/30/16
2313E Rio Hondo Community College District
1000.2030: SCOPE OF REPRESENTATION; Disciplinary Procedures
Applying the Board’s Anaheim Union High School District (1981) PERB Decision No. 177 test, we first conclude that the type of evidence an employer relies on or is permitted to use to substantiate employee performance evaluations is logically and reasonably related to evaluation procedures, which is an enumerated term and condition of employment in EERA section 3543.2(a). The same can be said for evidence that an employer may rely on for imposing discipline. An employer decision to install security surveillance cameras in areas where employees work or take breaks has reasonably foreseeable effects on discipline and performance evaluations, both matters within the scope of representation. more or view all topics or full text.
03/21/13
1507H Trustees of the California State University
1000.2030: SCOPE OF REPRESENTATION; Disciplinary Procedures
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
1291S State of California (Department of Motor Vehicles)
1000.2030: SCOPE OF REPRESENTATION; Disciplinary Procedures
Performance standards "suggest rewards for attaining, and discipline for failure to attain, such standards." Accordingly, they are related to wages and, therefore, negotiable; p. 8, proposed dec. Memorandum expressing management's "expectations" implicitly notified employees that failure to attain expectations would result in discipline. Thus, "expectations" constituted performance standards; p. 10, proposed dec. more or view all topics or full text.
222917310/09/98
0798E Compton Community College District
1000.2030: SCOPE OF REPRESENTATION; Disciplinary Procedures
ALJ finding that student grievance policy negotiable on ground that it is a procedure for informal discipline not supported by record evidence; pp. 4-5. more or view all topics or full text.
142107903/22/90
0648S State of California (Department of Personnel Administration)
1000.2030: SCOPE OF REPRESENTATION; Disciplinary Procedures
A proposal on discipline which provides for State Personnel Board (SPB) review on an arbitrator's decision only in the case of a decision adverse to the employee conflicts with California Constitution Article VII which grants SPB the power to review disciplinary actions in that it does not provide for equal access to the SPB for both employer and employee. It is outside scope. more or view all topics or full text.
132001312/18/87
0383E San Mateo City School District
1000.2030: SCOPE OF REPRESENTATION; Disciplinary Procedures
Proposals regarding disciplinary procedure are negotiable; pp. 10-13. more or view all topics or full text.
81508104/30/84
0375E Healdsburg Union High School District and Healdsburg Union School District/San Mateo City School District
1000.2030: SCOPE OF REPRESENTATION; Disciplinary Procedures
Proposals regarding disciplinary procedures are negotiable; pp. 67-69. more or view all topics or full text.
81502101/05/84
0300E Arvin Union School District
1000.2030: SCOPE OF REPRESENTATION; Disciplinary Procedures
Under Anaheim, Board held that District's procedure for certificated employee discipline short of dismissal is within the scope of negotiations; pp. 4-7. more or view all topics or full text.
71411903/30/83
0255E San Bernardino City Unified School District
1000.2030: SCOPE OF REPRESENTATION; Disciplinary Procedures
Disciplinary Procedures (Rules of Conduct potentially resulting in an employee's discipline) are negotiable as to procedure; p. 11. more or view all topics or full text.
61324910/29/82