All notes for Subtopic 1000.02163 – Work Rules

DecisionDescriptionPERC Vol.PERC IndexDate
2868M * * * JUDICIAL APPEAL PENDING * * * El Camino Healthcare District, El Camino Hospital, and Silicon Valley Medical Development, LLC
1000.02163: SCOPE OF REPRESENTATION; Work Rules
Dress codes are a mandatory subject of bargaining. (p. 52.) more or view all topics or full text.
483608/15/23
2876M * * * JUDICIAL APPEAL PENDING * * * County of Santa Clara
1000.02163: SCOPE OF REPRESENTATION; Work Rules
Workplace policies generally fall within the scope of representation if they materially alter employees’ disciplinary risks. (County of Sonoma (2023) PERB Decision No. 2772a-M, p. 24; Fairfield-Suisun Unified School District (2012) PERB Decision No. 2262, p. 12; Trustees of the California State University (2003) PERB Decision No. 1507-H, adopting proposed decision at pp. 12-13; State of California (Water Resources Control Board) (1999) PERB Decision No. 1337-S, pp. 7-8.) This standard has an exception: a new policy does not trigger decision bargaining—even though it has disciplinary consequences—if those consequences are incidental to a decision unrelated to employee or labor relations. (San Bernardino Community College District (2018) PERB Decision No. 2599, pp. 8-12 (San Bernardino).) In San Bernardino, the employer placed GPS on a security officer’s truck, with the ultimate goal to improve public services by monitoring the officer. (Id. at pp. 10-11, fn. 8.) Because it sought to accomplish its purpose by changing an employment term or condition, the employer had a decision bargaining duty. (Ibid.) In contrast, where the purpose of a change is to safeguard the public as a general matter, not mediated mainly through altering an employment practice, then only effects bargaining is required. (Ibid.; County of Sonoma (2023) PERB Decision No. 2772a-M, pp. 24-25; County of Santa Clara (2021) PERB Decision No. 2799-M, pp. 21-22.) (pp. 25-27.) more or view all topics or full text.
486610/17/23
2846M City and County of San Francisco
1000.02163: SCOPE OF REPRESENTATION; Work Rules
The employer’s requirement that employees disclose their vaccination status under threat of discipline changed or deviated from the status quo by creating a new policy requiring employees to reveal their vaccination status where previously there had been no such policy. (p. 23.) more or view all topics or full text.
478811/17/22
2783H Regents of the University of California
1000.02163: SCOPE OF REPRESENTATION; Work Rules
The University’s influenza vaccination mandate was different from an influenza prevention policy requiring nurses who declined to get an immunization or take antiviral medication to wear masks while on duty, which was a work rule that affected nurses’ working conditions and thus was within the scope of representation. The University’s influenza vaccination mandate is more than a mere work rule because it applies to all individuals who work, live, or study on University premises. (p. 26.) more or view all topics or full text.
463807/26/21
2313E Rio Hondo Community College District
1000.02163: SCOPE OF REPRESENTATION; Work Rules
Surveillance 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.
3719703/21/13
1451H Trustees of the California State University
1000.02163: SCOPE OF REPRESENTATION; Work Rules
University'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.
253209106/25/01
1337S State of California (Water Resources Control Board)
1000.02163: SCOPE OF REPRESENTATION; Work Rules
Incompatible activities policy is a negotiable subject. more or view all topics or full text.
233013607/16/99
1270E San Bernardino City Unified School District * * * OVERRULED IN PART by Contra Costa Community College District (2019) PERB Decision No. 2652
1000.02163: SCOPE OF REPRESENTATION; Work Rules
* * * OVERRULED IN PART ON OTHER GROUNDS by Contra Costa Community College District (2019) PERB Decision No. 2652. * * *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 decision. more or view all topics or full text.
222911306/22/98
0750E Riverside Unified School District
1000.02163: SCOPE OF REPRESENTATION; Work Rules
Unilateral 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.
132014706/29/89
0377E Placer Hills Union High School District
1000.02163: SCOPE OF REPRESENTATION; Work Rules
Written 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.
81503702/14/84