SCOPE OF REPRESENTATION – Lay-Offs

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The state employer's prerogative to reduce its operations includes the authority to identify the specific positions in specific locations to be eliminated, and is not a negotiable subject; p. 2. The layoff of employees occupying the positions which managment has decided to eliminate affects the fundamental employment relationship. Under the Dills Act, a supersession statute, subjects affecting the fundamental employment relationship, such as the designation of the area in which employees will be laid off, are negotiable subjects; p. 2. A decision to reduce operations and lay off employees covered by the Dills Act is not negotiable because it is a matter of "fundamental management concern that requires that such decisions be left to the employer's prerogative;" p. 13. The state employer's fundamental management prerogative to reduce employer's prerogative;" p. 13. The state employer's fundamental management prerogative to reduce prerogative includes the right to designate specific positions in specific locations to be reduced through layoff; p. 15. The designation of the geographical area of layoff, as aspect of the layoff process, determines the degree of options to actual layoff available to individual employees. This designation directly affects the likelihood of demotion or termination of the employment relationship, as well as the likelihood of reemployment following demotion of layoff; p. 16. The Legilature has clearly directed that the subject of Government Code section 19997.2 is an appropriate subject of collective bargaining within the scope of representation; p. 18. The subject of designating the geographical area in which employees occupying those positions will be laid off is within the scope of represenation under the express terms of the Dills Act, a supersession occupying those positions will be laid off is within the scope of represenation under the express terms of the Dills Act, a supersession