SCOPE OF REPRESENTATION – Elimination of Positions

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1000.02040 – Elimination of Positions

* * * OVERRULED IN PART by County of Kern & Kern County Hospital Authority (2019) PERB Decision No. 2659-M, where the Board held that there is a duty to bargain when an employer plans to subcontract bargaining unit work at a newly established worksite. * * *

There is no duty to bargain where Respondent did not transfer bargaining unit work out of the unit or substitute one group of employees for another. There was no evidence that any unit employees ever performed work at that campus. That some student housing services at other campuses were performed by bargaining unit employees does not of itself mandate that housing services be performed by bargaining at this campus.