Decision 1451H – Trustees of the California State University
LA-CE-579-H
Decision Date: June 25, 2001
Decision Type: PERB Decision
Description: The Board found that the employer violated the HEERA. The charge alleged that the employer made a unilateral change in policy concerning name tags.
Disposition: Violation. Name tag policies fall into the category of policies that are known as “plant rules” in the private sector. The NLRB has long held plant rules to be within the scope of representation.
Perc Vol: 25
Perc Index: 32091
Decision Headnotes
1000.01000 – In General; Test for Subjects Not Specifically Enumerated
Under HEERA, the phrase "terms and conditions of employment" is interpreted the way the Board interprets it under the Ralph C. Dills Act. As such, private sector precedents regarding the scope of representation under the NLRA are also applicable to HEERA cases. Under HEERA, a matter is within the scope of representation as concerning "terms and conditions of employment" if (1) it involves the employment relationship, (2) is of such concern to both management and labor that conflict is likely to occur and the mediatory influence of collective negotiations is an appropriate means of resolving the conflict, and (3) the employer's obligation to negotiate would not unduly abridge its freedom to exercise those managerial prerogatives (including matters of fundamental policy) essential to the achievement of the employer's mission.
1000.02163 – 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.
1000.02164 – 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.