All notes for Subtopic 1000.02163 – Work Rules
|Decision||Description||PERC Vol.||PERC Index||Date|
Rio Hondo Community College District|
1000.2163: SCOPE OF REPRESENTATION; Work RulesSurveillance camera monitoring of employee compliance with workplace rules presents the same concerns as employer policies or workplace rules concerned with monitoring employee internet usage which we have held to be negotiable. more or view all topics or full text.
1000.2163: SCOPE OF REPRESENTATION; Work RulesRule barring use of personal motorcycles for county business does not rise to the level of cases where the acknowledged impact of a rule on working conditions could be subordinated to an overriding need for a public policy determination not subject to bargaining. All safety issues, regardless of their purported "materiality" or "significance," are mandatory subjects of bargaining. Whether a change in a rule is beneficial or detrimental to employees is a decision reserved to the employees as represented by their union. County failed to show regarding a rule barring use of personal motorcycles for county business a prerogative or policy sufficient to invoke the "merits, necessity, or organization" exception to the meet and confer requirements of Government Code section 3504. more or view all topics or full text.
1000.2163: SCOPE OF REPRESENTATION; Work RulesA city rule which prohibited Firefighters from washing their cars using city facilities on their own time or during work time if they were on a 24 hour shift was a term or condition of employment and negotiable. This finding was based on the fact that it was both a work rule and because violation of the rule subjected an employee to disciplinary action. The court rejected an argument that the rule was an indirect and in substantial fringe benefits under Social Services Union 82 Cal.App 3rd 498 more or view all topics or full text.
1000.2163: SCOPE OF REPRESENTATION; Work RulesThe use of force by police officers policy falls within the exception delineated in section 3504. The policy clearly constitutes a managerial decision which is not properly within the scope of representation. more or view all topics or full text.
Trustees of the California State University|
1000.2163: SCOPE OF REPRESENTATION; Work RulesUniversity's name tag policy concerns terms and conditions of employment within meaning of HEERA section 3562(r) as the name tag policy involves the employment relationship, is of sufficient concern as to give rise to conflicts that collective negotiations may appropriately resolve, and obligation to negotiate would not unduly abridge University's freedom to exercise managerial prerogatives necessary to its mission. Name tag policies fall into the category of policies that in the private sector would be called "plant rules." The NLRB has long held plant rules to be within the scope of representation. more or view all topics or full text.
State of California (Water Resources Control Board)|
1000.2163: SCOPE OF REPRESENTATION; Work RulesIncompatible activities policy is a negotiable subject. more or view all topics or full text.
San Bernardino City Unified School District * * * OVERRULED IN PART by Contra Costa Community College District (2019) PERB Decision No. 2652|
1000.2163: SCOPE OF REPRESENTATION; Work RulesFurthermore, 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.
Riverside Unified School District|
1000.2163: SCOPE OF REPRESENTATION; Work RulesUnilateral action to ban smoking inside a district's facilities is a matter of basic educational policy within the managerial prerogative of the district; p. 19. more or view all topics or full text.
Placer Hills Union High School District|
1000.2163: SCOPE OF REPRESENTATION; Work RulesWritten acknowledgement rule is not negotiable, as rule did not impact wages, hours or other enumerated subjects; pp. 35-36. more or view all topics or full text.