SCOPE OF REPRESENTATION – In General; Test for Subjects Not Specifically Enumerated
Single Topic for Decision 1876Ha
View all topics for Decision 1876Ha
Full Decision Text (click on the link to view): Full Text
1000.01000 – In General; Test for Subjects Not Specifically Enumerated
In determining if non-enumerated matters fall within the scope of representation as a “term or condition of employment,” PERB applies a three-part test. A subject is within the scope of representation if: (a) it involves the employment relationship; (b) the subject is of such concern to management and employees that conflict is likely to occur, and the mediatory influence of collective negotiations is the appropriate means of resolving the conflict; and (c) the employer’s obligation to negotiate would not significantly abridge its freedom to exercise those managerial prerogatives (including matters of fundamental policy) essential to the achievement of the employers mission. PERB has indicated a matter is outside the scope of bargaining if “imposing a bargaining obligation would significantly abridge the employer’s managerial prerogatives.”