SCOPE OF REPRESENTATION – Transfer of Work Out of Unit
Single Topic for Decision 1391S
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1000.02147 – Transfer of Work Out of Unit
Department's theory of overlapping duties was insufficient defense to the claim that it had violated the Dills Act. Under new staffing pattern, supervising cooks were virtually eliminated from any meaningful participation in the food service process. A diminution of this magnitude evidences a change in the quantity and kind of the duties of the respective employees and constitutes a unilateral change in an established policy. Supervising cooks were involved in supervision training and assignment of food preparation work. The quantity of supervision work was decreased and is not negotiable under Eureka. However, correctional officers began to perform training in food preparation, and began assignment of food preparation work, despite the fact that supervising cooks had done this work exclusively in the past. The transfer of work in these two areas constituted violations under Eureka. The Board has yet to deal with a situation where there is a severe redistribution of overlapping duties from unit to nonunit employees. In light of its finding here that nonunit employees began to perform duties previously performed exclusively by unit employees, it was again unnecessary for the Board to address the question of severe redistribution.