Confidential Employees at SJSU and in CSU

July 1, 2013

This is a highly misunderstood term!

Confidential employees are confidential employees as defined in the Higher Education Employer-Employee Relations Act of 1978 (HEERA). These are employees which are excluded from the bargaining units because they are involved in contract bargaining.

It has to do with contract bargaining, not confidential information.
About confidential employees Government Code 3562 (d) of HEERA says:
“Confidential employee” means any employee who is required to develop or present management positions with respect to meeting and conferring or whose duties normally require access to confidential information which contributes significantly to the development of such management positions.
The term has absolutely nothing to do access to confidential documents. A lot of the data we have access to is confidential, data ranging from passwords to e-mail addresses and phone numbers.