Decision 1926H – Trustees of the California State University

While the decision to implement a computer policy is within CSU’s exercise of managerial prerogative, the action does not relieve CSU of the duty to negotiate the effects of the decision on bargaining unit members if it impacts matters within the scope of representation, e.g., discipline and union access rights.

The decision to implement a computer resource policy is a managerial prerogative and not negotiable. The Board distinguished this case from Trustees of the California State University (2003) PERB Decision No. 1507-H wherein the Board held that the subject matter within the policy fell within the scope of representation.

Because there was no duty to bargain the decision to implement the policy, the zipper clause was inapplicable.

The decision to implement a computer policy is within CSU’s exercise of managerial prerogative because computer policies are necessary for CSU to provide its educational mission. “Computing resources support virtually every facet of [CSU’s] operations, including student admissions, registration, advisement, instruction, health care services, library services, research, communications, fund-raising, business and finance, plant operations, human resources, and public safety.” Additionally, computer networks are constantly under attack from viruses and worms which have the potential to take down an entire computer network thereby preventing CSU from providing its educational mission.

The decision to implement a computer policy is within CSU’s exercise of managerial prerogative because computer policies are necessary for CSU to provide its educational mission. “Computing resources support virtually every facet of [CSU’s] operations, including student admissions, registration, advisement, instruction, health care services, library services, research, communications, fund-raising, business and finance, plant operations, human resources, and public safety.” Additionally, computer networks are constantly under attack from viruses and worms which have the potential to take down an entire computer network thereby preventing CSU from providing its educational mission.

The decision to implement a computer policy is within CSU’s exercise of managerial prerogative because computer policies are necessary for CSU to provide its educational mission. “Computing resources support virtually every facet of [CSU’s] operations, including student admissions, registration, advisement, instruction, health care services, library services, research, communications, fund-raising, business and finance, plant operations, human resources, and public safety.” Additionally, computer networks are constantly under attack from viruses and worms which have the potential to take down an entire computer network thereby preventing CSU from providing its educational mission.