Labor Relations Fundamentals for Community College Districts

3. D RESS AND G ROOMING This can also be a troublesome area for districts to control inasmuch as our public standards of acceptable dress are fluid. As a result, districts should proceed with some caution. Management must be able to show that there is a nexus with the employee’s job performance and/or the district’s public image. Management can regulate dress in the workplace provided the nexus exists and the implementation of the standard does not violate the employee’s rights of free speech and association, as well as the rights against discrimination and harassment. In a college environment the standard is quite high and the district will need to be able to demonstrate a clear connection between the dress/appearance and disruption to the work/educational environment. 4. R ETALIATION An employee may file a grievance, or an unfair practice charge with PERB, alleging that some action has been taken by a supervisor because of the employee’s union participation or other protected activity. To assist in rebutting such a claim, supervisors should ensure that their actions are well supported by documentary evidence. In addition, supervisors should ensure that their response complies with all contractual or procedural requirements. Supervisors should work closely with HR or labor relations to ensure that any response does not further enflame the employee or lend credence to his or her claim of retaliation. 5. E MPLOYEE P ERFORMANCE E VALUATIONS The inclusion of employee performance evaluations in the grievance procedure is a serious challenge to management’s right to direct and evaluate the work force. Management should oppose any language that allows the merits of such evaluations to be grievable.

Management has a legitimate right to achieve its objectives by setting standards of performance. However, such standards must be reasonable, non-discriminatory and consistently applied.

6. T ENURE D ECISIONS

Tenure-track employees who are not granted tenure can file a grievance under Education Code Section 87610.1. Section 87610.1(b) states:

“Allegations that the community college district, in a decision to grant tenure, made a negative decision that to a reasonable person was unreasonable, or violated, misinterpreted, or misapplied, any of its policies and procedures concerning the evaluation of probationary employees shall be classified and procedurally addressed as grievances.”

Section 87610.1(b) also allows a probationary academic employee to grieve a decision to not reappoint the employee.

Labor Relations Fundamentals for Community College Districts © 2019 (c) Liebert Cassidy Whitmore 54