All notes for Subtopic 1000.02030 – Disciplinary Procedures
|Decision||Description||PERC Vol.||PERC Index||Date|
* * * JUDICIAL APPEAL PENDING * * * County of Sonoma|
1000.2030: SCOPE OF REPRESENTATION; Disciplinary ProceduresThe Board held that the ballot measure’s amendments directly affect employment by changing—or at least creating ambiguity about—disciplinary procedures and standards because it establishes a parallel investigative scheme for County peace officers. Since the police review agency’s procedures may deviate from the investigations conducted by the Sheriff’s Office, those procedures are within the scope of representation. (p. 40.)The provision allowing the police review agency’s director to personally sit in and observe the investigative interview of a deputy subject to investigation also impacts discipline, as the director could use any information from that interview as part of the police review agency’s investigation of the same deputy (either as substantive evidence or to impeach the deputy in a later police review agency’s investigative interview). The Board does not depart from decisional law that a board of review hearing does not requiring bargaining as management must have the most unfettered right to determine who is in the room to allow it to reach an informed decision. However, because the ballot measure impacts disciplinary procedures by expanding the types of evidence the County could use as a basis for discipline, the Associations had the right to bargain over those decisions. (pp. 42-43.) more or view all topics or full text.
City of Davis|
1000.2030: SCOPE OF REPRESENTATION; Disciplinary ProceduresA 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.
Rio Hondo Community College District|
1000.2030: SCOPE OF REPRESENTATION; Disciplinary ProceduresApplying 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.
Trustees of the California State University|
1000.2030: SCOPE OF REPRESENTATION; Disciplinary ProceduresUnder 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.
State of California (Department of Motor Vehicles)|
1000.2030: SCOPE OF REPRESENTATION; Disciplinary ProceduresPerformance 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.
Compton Community College District|
1000.2030: SCOPE OF REPRESENTATION; Disciplinary ProceduresALJ 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.
State of California (Department of Personnel Administration)|
1000.2030: SCOPE OF REPRESENTATION; Disciplinary ProceduresA 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.
San Mateo City School District|
1000.2030: SCOPE OF REPRESENTATION; Disciplinary ProceduresProposals regarding disciplinary procedure are negotiable; pp. 10-13. more or view all topics or full text.
Healdsburg Union High School District and Healdsburg Union School District/San Mateo City School District|
1000.2030: SCOPE OF REPRESENTATION; Disciplinary ProceduresProposals regarding disciplinary procedures are negotiable; pp. 67-69. more or view all topics or full text.
Arvin Union School District|
1000.2030: SCOPE OF REPRESENTATION; Disciplinary ProceduresUnder 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.
San Bernardino City Unified School District|
1000.2030: SCOPE OF REPRESENTATION; Disciplinary ProceduresDisciplinary 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.