Decision 1656H – Trustees of the California State University

LA-CE-721-H

Decision Date: July 8, 2004

Decision Type: PERB Decision

Description:  Charge alleged that University violated HEERA by unilaterally implementing a non-discrimination policy for students.

Disposition:  Board dismissed.  Adoption of federally mandated policy for investigating student complaints of unlawful discrimination is not within scope where policy states that any discipline will follow contractual guidelines.

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Perc Vol: 28
Perc Index: 197

Decision Headnotes

1000.00000 – SCOPE OF REPRESENTATION
1000.01000 – In General; Test for Subjects Not Specifically Enumerated

Policies that protected employees from unlawful discrimination are within the scope of representation. However, a policy that applies only to students and non-represented employees is not within scope, unless the employee performance is affected – such as placing a complaint in an employee’s personnel file.

1000.00000 – SCOPE OF REPRESENTATION
1000.02029 – Disciplinary Action

Disciplinary procedures and policies are within the scope of representation. However, adoption of a federally mandated policy for investigating student complaints of unlawful discrimination is not within scope where policy state that any discipline will follow contractual guidelines.

1000.00000 – SCOPE OF REPRESENTATION
1000.02031 – Discrimination (Race, National Origin, Sex, Etc.)

Policies that protected employees from unlawful discrimination are within the scope of representation. However, a policy that applies only to students and non-represented employees is not within scope, unless the employee performance is affected – such as placing a complaint in an employee’s personnel file.

1000.00000 – SCOPE OF REPRESENTATION
1000.02092 – Non-discrimination

Policies that protected employees from unlawful discrimination are within the scope of representation. However, a policy that applies only to students and non-represented employees is not within scope, unless the employee performance is affected – such as placing a complaint in an employee’s personnel file.