EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION) – In General

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The Board has long held that a transfer of unit work from one group of employees to another to be within the scope of representation. The installation of covert cameras was identified as an essential job function on the ERT job description, a document negotiated by the parties and approved by the District’s board and personnel commission and thus not a “function not previously performed” and thereby within managerial prerogative.) Under Eureka City School District (1985) PERB Decision No. 481 (Eureka), transfers of unit work are negotiable where unit employees cease performing duties that they previously performed or non-unit employees begin to perform duties that were previously exclusively performed by unit employees. As the District has completely removed the covert camera installation function from ERTs, these facts fit within the first prong of Eureka. Transfer of unit work between classifications within the same unit is also negotiable. (Desert Sands Unified School District (2001) PERB Decision No. 1468.)