SCOPE OF REPRESENTATION – Payroll Deductions

Single Topic for Decision 2268E

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When external law establishes immutable provisions in an area otherwise within the scope of representation, matters are negotiable only to the extent of the employer’s discretion, that is, to the extent that the external law does not “set an inflexible standard or insure immutable provisions.” The District’s proposed recoupment procedure for wages allegedly overpaid to individual employees exceeds the ambit of negotiable exceptions to California’s policy protecting employee wages from prejudgment attachment, and that the District’s proposal is therefore a non-mandatory bargaining subject to which the parties had no right to agree in the first place as it was at variance from mandatory external law and thus nonnegotiable.