Decision 1451H – Trustees of the California State University

LA-CE-579-H

Decision Date: June 25, 2001

Decision Type: PERB Decision

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Perc Vol: 25
Perc Index: 32091

Decision Headnotes

1000.00000 – SCOPE OF REPRESENTATION
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.

1000.00000 – SCOPE OF REPRESENTATION
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.

1000.00000 – 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.