All notes for Subtopic 1000.02164 – Other
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 2868M | * * * JUDICIAL APPEAL PENDING * * * El Camino Healthcare District, El Camino Hospital, and Silicon Valley Medical Development, LLC 1000.02164: SCOPE OF REPRESENTATION; Other Dress codes are a mandatory subject of bargaining. (p. 52.) more or view all topics or full text. | 48 | 36 | 08/15/23 |
| 2799M | County of Santa Clara 1000.02164: SCOPE OF REPRESENTATION; Other Applying the test articulated in International Assn. of Fire Fighters, Local 188, AFL-CIO v. Public Employment Relations Bd. (2011) 51 Cal.4th 259, 272-273 (Richmond Firefighters), PERB determined that the definition of surveillance technology falls within the third category of decisions in the Richmond Firefighters framework because it does not primarily concern the employment relationship but does impact that relationship—especially since County employees are by far the main persons who are at risk of violating the Ordinance. PERB found that the balancing test for decisions in this third category weighs in favor of the County’s need for unencumbered decision-making. (County of Orange (2018) PERB Decision No. 2594-M, p. 18, quoting Richmond Firefighters, supra, 51 Cal.4th at p. 273.) PERB reached this conclusion, in part, because the surveillance technology definition is premised on two important government aims—protecting individual privacy and promoting public safety—which have little to do with employment. PERB found comparatively little benefit to requiring decision bargaining over the surveillance technology definition. more or view all topics or full text. | 46 | 94 | 12/20/21 |
| 2657M | County of Orange 1000.02164: SCOPE OF REPRESENTATION; Other The Board found that changes to an ordinance concerned only management’s direction to its legal counsel for the performance of legal services and are thus outside the scope of representation. more or view all topics or full text. | 44 | 30 | 07/15/19 |
| A462M | City of Oakland 1000.02164: SCOPE OF REPRESENTATION; Other Neither the Board nor the courts have addressed whether public employers or exclusive representatives are required to meet and confer over which employees are essential to public health and safety, and therefore may not strike. (pp. 6-7) more or view all topics or full text. | 42 | 141 | 04/30/18 |
| 2288M | City of Pinole 1000.02164: SCOPE OF REPRESENTATION; Other Charge failed to allege facts establishing change in policy of allowing employees to attend city council meetings while on duty, concerned a matter within the scope of representation. No facts alleged that on-duty attendance at such meetings related in any way to the job duties or working conditions of firefighters. more or view all topics or full text. | 37 | 90 | 10/15/12 |
| 2218E | Pasadena Area Community College District 1000.02164: SCOPE OF REPRESENTATION; Other Decision to cancel winter intersession classes was outside scope of representation. No violation of duty to bargain effects, where no demand to bargain negotiable effects of decision was ever made. more or view all topics or full text. | 36 | 80 | 11/09/11 |
| 1876Ha | Trustees of the California State University 1000.02164: SCOPE OF REPRESENTATION; Other The University’s decision to prohibit faculty and staff from parking in newly built parking structures was not within the scope of representation under HEERA. more or view all topics or full text. | 33 | 73 | 04/15/09 |
| 2048E | San Francisco Unified School District * * * OVERRULED IN PART by Rio Hondo Community College District (2013) PERB Decision No. 2313-E 1000.02164: SCOPE OF REPRESENTATION; Other * * * OVERRULED IN PART ON OTHER GROUNDS by Rio Hondo Community College District (2013) PERB Decision No. 2313-E. * * *Employees’ reporting location is not within the scope of representation under EERA. more or view all topics or full text. | 33 | 123 | 06/30/09 |
| 1895E | Newark Unified School District 1000.02164: SCOPE OF REPRESENTATION; Other A pre-paid legal services plan relates to an enumerated subject under Gov. Code Section 3543.2, and therefore the Board need not analyze whether pre-paid legal services are akin to insurance. The Association's proposal regarding the make up and dissemination of the STAR results is not negotiable and impinged upon managerial rights. more or view all topics or full text. | 31 | 78 | 03/27/07 |
| 1775E | Standard School District 1000.02164: SCOPE OF REPRESENTATION; Other PAR is within the scope of representation under EERA section 3543.2(a) and the Anaheim test in that it is logically and reasonably related to the terms and conditions of employment. (1) A local PAR program is logically and reasonably related to evaluation procedures. (2) The Legislature required a school District to negotiate the development and implementation of a local PAR Program. (3) Negotiating a local PAR program would not significantly intrude upon a union’s managerial prerogative; pp. 11-12, proposed dec. more or view all topics or full text. | 29 | 162 | 08/26/05 |
| 1664M | City and County of San Francisco 1000.02164: SCOPE OF REPRESENTATION; Other Local 790 did not provide any specifics on how the City’s reorganization and relocation of work units impacted terms and conditions of employment or of any attempts to demand bargaining over the impacts. Therefore, the Board dismissed these claims of unilateral change. more or view all topics or full text. | 28 | 231 | 07/27/04 |
| 1563M | City of Pittsburg 1000.02164: SCOPE OF REPRESENTATION; Other City Council’s use of a consultant to review and recommend what action to take in response to two grievances filed by union is a matter of managerial prerogative that is not negotiable. No facts to support union’s contention that City Council delegated its decision making authority in violation of the contract. more or view all topics or full text. | 28 | 26 | 12/08/03 |
| 1584H | Trustees of the California State University (San Marcos) 1000.02164: SCOPE OF REPRESENTATION; Other University’s imposition of new fee applicable to all students, including its employees enrolled in courses, is not within the scope of representation. Waiver or reduction of such fees for employees, however, is within the scope of representation. more or view all topics or full text. | 28 | 61 | 01/13/04 |
| 1586H | Trustees of the California State University 1000.02164: SCOPE OF REPRESENTATION; Other Relying upon Trustees of the California State University (San Marcos) (2004) PERB Dec. No. 1584-H, Board held that University’s imposition of new fee applicable to all students, including its employees enrolled in courses, is not within the scope of representation. Waiver or reduction of such fees for employees, however, is within the scope of representation. Under facts in charge, there was no change in past practice; charge dismissed. more or view all topics or full text. | 28 | 63 | 01/15/04 |
| 1587H | Trustees of the California State University 1000.02164: SCOPE OF REPRESENTATION; Other Relying upon Trustees of the California State University (San Marcos) (2004) PERB Dec. No. 1584-H, Board held that University’s imposition of new fee applicable to all students, including its employees enrolled in courses, is not within the scope of representation. Waiver or reduction of such fees for employees, however, is within the scope of representation. Under facts in charge, there was no change in past practice; charge dismissed. more or view all topics or full text. | 28 | 71 | 01/15/04 |
| 1588H | Trustees of the California State University 1000.02164: SCOPE OF REPRESENTATION; Other Relying upon Trustees of the California State University (San Marcos) (2004) PERB Dec. No. 1584-H, Board held that University’s imposition of new fee applicable to all students, including its employees enrolled in courses, is not within the scope of representation. Waiver or reduction of such fees for employees, however, is within the scope of representation. Under facts in charge, there was no change in past practice; charge dismissed. more or view all topics or full text. | 28 | 64 | 01/16/04 |
| 1451H | Trustees of the California State University 1000.02164: SCOPE OF REPRESENTATION; Other 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. | 25 | 32091 | 06/25/01 |
| 1402E | Antelope Valley Union High School District * * * OVERRULED by Huntington Beach Union High School District (2003) PERB Decision No. 1525 1000.02164: SCOPE OF REPRESENTATION; Other * * * OVERRULED IN PART by Huntington Beach Union High School District (2003) PERB Decision No. 1525, where the Board held a change in work hours for a vacant position falls within the scope of representation, even where the change is prompted by an employer’s decision to alter its nature, direction, or level of service. * * *District’s decision to phase out full time position at a particular school represents a legitimate change in the nature, direction or level of service and is non-negotiable based on several factors: (1) the decision was made well before its decision to create and fill part-time positions at that school; (2) the decision is consistent with the District’s past practice; viz. a pattern of several years’ duration of leaving full-time food service positions vacant when the incumbent retired; (3) the District made the decision not to fill the full-time position at Quartz Hill independently of its decision to add a pizza machine and staff it appropriately; and (4) the decision to add the part-time positions was made in order to implement the District’s non-negotiable decision to provide a different type of service to patrons by opening a pizza parlor; due to the operating requirements of the pizza machine, a particular staffing configuration was needed in order to appropriately serve customers. more or view all topics or full text. | 24 | 31145 | 09/05/00 |
| 1388S | State of California (Department of Corrections) 1000.02164: SCOPE OF REPRESENTATION; Other Employer's decision to reorganize is outside the scope of bargaining. However, employer obligated to meet and confer over all reasonable foreseeable effects of the decision to extent they effect terms and conditions of employment. more or view all topics or full text. | 24 | 31107 | 05/25/00 |
| 1337S | State of California (Water Resources Control Board) 1000.02164: SCOPE OF REPRESENTATION; Other Incompatible activities policy is a negotiable subject. more or view all topics or full text. | 23 | 30136 | 07/16/99 |
| 1333H | Trustees of the California State University (California Faculty Association) 1000.02164: SCOPE OF REPRESENTATION; Other Determination of whether Department claims are in the bargaining unit is a mandatory subject of bargaining. Proposal limiting the number of new temporary employees is within scope. Criteria and standards for appointment (under HEERA 3562(r)(4) are not impacted by proposals limiting the number of new temporary hires, giving preference to candidates with CSU experience or automatic continued employment for temporary employees. Thus these proposals are negotiable. more or view all topics or full text. | 23 | 30129 | 06/25/99 |
| 1175E | Berkeley Unified School District 1000.02164: SCOPE OF REPRESENTATION; Other Preregistration rights for employees' children at District schools falls outside the scope of bargaining because it does not affect wages, hours or an enumerated term and condition of employment; p. 2, warning letter. more or view all topics or full text. | 21 | 28015 | 11/13/96 |
| 1053E | Rowland Unified School District 1000.02164: SCOPE OF REPRESENTATION; Other The duration of a collective bargaining agreement has been found to be a mandatory subject of bargaining under the NLRA; p. 11. more or view all topics or full text. | 18 | 25126 | 09/01/94 |
| 1027E | Buena Park School District 1000.02164: SCOPE OF REPRESENTATION; Other Government Code section 3543.2(d) clearly indicates that Education Code section 45028 may be overridden by agreement in cases of additional compensation, e.g., in the form of anniversary increments. Insistence to impasse on this subject is not bad faith bargaining. more or view all topics or full text. | 18 | 25014 | 11/24/93 |
| 0973E | West Covina Unified School District 1000.02164: SCOPE OF REPRESENTATION; Other It is necessary to take a cautious approach on the subject of home-garaging district vehicles by requiring that the facts of each situation be evaluated on a case-by-case basis to determine whether the home-garaging of district vehicles is a negotiable subject; p. 13. more or view all topics or full text. | 17 | 24042 | 02/09/93 |
| 0955E | Eureka City School District 1000.02164: SCOPE OF REPRESENTATION; Other The district's smoking policy fails to satisfy the Anaheim test, establishing that it is not a mantatory subject of bargaining within the scope of represenation; p. 14. Establishment of a smoking policy is a management prerogative constituting a direct response to the Legislature's mandate; p. 13. more or view all topics or full text. | 16 | 23168 | 10/27/92 |
| 1215S | State of California (Department of Youth Authority) 1000.02164: SCOPE OF REPRESENTATION; Other Reassignment from regular classes to relief assignments is not within the scope of representation. more or view all topics or full text. | 21 | 28143 | 08/11/97 |
| 1214E | Bellflower Unified School District 1000.02164: SCOPE OF REPRESENTATION; Other Scheduling of staff meeting days not negotiable; p. 5, dismissal letter. more or view all topics or full text. | 21 | 28126 | 06/30/97 |
| 0471E | Gilroy Unified School District 1000.02164: SCOPE OF REPRESENTATION; Other Board held that while coordinated bargaining is a mandatory subject requiring good faith, coalition bargaining is not. more or view all topics or full text. | 9 | 16042 | 12/28/84 |
| 0375E | Healdsburg Union High School District and Healdsburg Union School District/San Mateo City School District 1000.02164: SCOPE OF REPRESENTATION; Other Proposal requiring successor entity to be bound by pre-existing MOU nonnegotiable except to extent benefits protected by Education Code section 45118; p. 37. Conference expense stipends are negotiable; p. 23. more or view all topics or full text. | 8 | 15021 | 01/05/84 |
| 0345E | Sierra Joint Community College District 1000.02164: SCOPE OF REPRESENTATION; Other Employee organization has right to address the District trustees in public session regarding employee satisfaction surveys provided the organization does not intentionally or inadvertently attempt to negotiate; pp. 15-16. Employer's need to select its own management is too fundamental to be burdened by the requirement that its decisions be subject to employee organization scrutiny or comment. more or view all topics or full text. | 7 | 14255 | 09/22/83 |
| 0289E | Walnut Valley Unified School District 1000.02164: SCOPE OF REPRESENTATION; Other Criteria and procedure for determining competency to continue employment of certificated personnel over the age of 65 are negotiable because they relate to wages, hours and terms and conditions of employment; p. 9. more or view all topics or full text. | 7 | 14084 | 02/28/83 |
| 0234E | San Diego Unified School District 1000.02164: SCOPE OF REPRESENTATION; Other Employer's employee assistance program providing for counseling and referral is not within the scope of representation; program has only minimal impact on employment concerns of employees, while at the same time is central to employer's mission. District remains obligated to negotiate over impact of program. more or view all topics or full text. | 6 | 13195 | 08/25/82 |
| 0928S | State of California (Department of Personnel Administration) (International Union of Operating Engineers Local 39) 1000.02164: SCOPE OF REPRESENTATION; Other Board summarily affirms dismissal of charge that DPA violated 3516.5, and 3519(a), (b), and (c) of Dills by failing to give unions notice and opportunity to bargain before proposing an initiative to the Attorney General or people of the state which would allow the Governor, in state of fiscal emergency, to furlough or reduce salaries of state employees. Matters at issue found not to be within the scope of representation because: (1) the mediatory influence of collective bargaining is not suited to the resolution of this conflict; and (2) such obligation would unduly abridge employers' freedom to exercise managerial prerogative. more or view all topics or full text. | 16 | 23063 | 04/20/92 |
| 0927S | State of California (Governor Pete Wilson) (Association of California State Attorneys and Administrative Law Judges; Professional Engineers in California Government; California Association of Professional Scientists) 1000.02164: SCOPE OF REPRESENTATION; Other Board summarily affirms dismissal of charge that Governor violated 3516.5, and 3519(b) and (c) of Dills by failing to give unions notice and opportunity to bargain before proposing initiative which would allow him, in state of fiscal emergency, to furlough or reduce salaries of state employees, to the Attorney General or people of the state. Matters a issue found not to be within the scope of representation because: (1) the mediatory influence of collective bargaining is not suited to the resolution of this conflict; and (2) such obligation would unduly abridge employers' freedom to exercise managerial prerogative. more or view all topics or full text. | 16 | 23061 | 04/13/92 |
| 0922H | Regents of the University of California (University of California-American Federation of Teachers) 1000.02164: SCOPE OF REPRESENTATION; Other Under EERA and HEERA, a refusal to withdraw unfair practice charges is not a mandatory subject of bargaining; p. 4, dec. more or view all topics or full text. | 16 | 23033 | 02/07/92 |
| 1354H | Regents of the University of California (Bawal, et al.) 1000.02164: SCOPE OF REPRESENTATION; Other Employer has no duty to negotiate over reorganization of the department, including the decision to effectuate the reorganization via layoff. However, the employer must negotiate over effects of this decision. more or view all topics or full text. | 23 | 30173 | 09/30/99 |