SCOPE OF REPRESENTATION – In General; Test for Subjects Not Specifically Enumerated

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In matters involving the fundamental employment relationship, the unique status of the Dills Act as a supersession statute mandates that great deference be given to the rights of employees and their exclusive representatives; p. 16. The Dills Act provides the state employer and an exclusive representative with the authority to supersede specified statutory provisions relating to the employment relationship by agreeing to memorandum of understanding provisions which differ from the specified statutory provisions; p. 17. By designating specific sections of the Government Code as supersedable, the Legislature has provided clear direction of its intent to ensure that the subjects of those sections are appropriate subjects of collective bargaining within the scope of representation; p. 17. subjects of collective bargaining within the scope of representation; p. 17. bargaining within the scope of representation; p. 18.