SCOPE OF REPRESENTATION – In General; Test for Subjects Not Specifically Enumerated
Single Topic for Decision 2234S
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1000.01000 – In General; Test for Subjects Not Specifically Enumerated
To prevail on a transfer of work theory, the charging party must establish as a threshold matter that its bargaining unit had previously and exclusively performed the duties at issue. Where unit and non-unit employees traditionally have performed overlapping duties, the employer does not violate its duty to negotiate in good faith merely by increasing the quantity of work that non-unit employees perform and decreasing the quantity of work that unit employees perform.