Decision 1926H – Trustees of the California State University
LA-CE-779-H
Decision Date: October 31, 2007
Decision Type: PERB Decision
Perc Vol: 31
Perc Index: 152
Decision Headnotes
601.03000 – Decision vs Effects Bargaining
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.
602.01000 – In General
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.
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession
Because there was no duty to bargain the decision to implement the policy, the zipper clause was inapplicable.
1000.01000 – In General; Test for Subjects Not Specifically Enumerated
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.
1000.02002 – Access – Subject of Bargaining
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.
1000.02151 – Use of District Facilities, Equipment
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.