Is this an Unfair Labor Practice (ULP)?
Last night President Kassing’s office released two new presidential directives, an hour before midnight on halloween. One of them was regarding the traffic and parking committee. In this directive Kassing said:
Changes in PD 07-05 include creating a broader based selection process for the appointment of San José State staff employees to the Committee…
It goes on to say who will be representing employees on the committee:
Three (3) staff employees selected by the Human Resources Coordinating Council (HRCC), from a list of nominees and self-nominees from each of the divisions across the University…
Maybe I am wrong, but isn’t parking within the scope of bargaining and the only body allowed to represent employees on such matters their union (as defined by HEERA?) I am not a labor lawyer but, if having a committee like this where “staff” (substitute labor here) is represented is legal at all, shouldn’t these staff/labor reps on this committee be appointed by the union(s) representing the staff? Isn’t the failure to do that a violation of labor law and an unfair labor practice?
The Higher Education Employer-Employee Relations Act (HERRA) is the law. HERRA section 3571 says in part:
It shall be unlawful for the higher education employer to do any of the following:
(f) Consult with any academic, professional, or staff advisory group on any matter within the scope of representation for employees who are represented by an exclusive representative… [CLIPPED]
So, is this a ULP? Parking is in the collective bargaining agreement (the term used in CSU for our contract,) thus it is within “scope of representation.” What do you think? Did Kassing break the law? In my opinion the answer is yes. I have asked our staff union to look into this.