SCOPE OF REPRESENTATION – In General; Test for Subjects Not Specifically Enumerated
Single Topic for Decision 2594M
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1000.01000 – In General; Test for Subjects Not Specifically Enumerated
The three-step balancing test from Claremont Police Officers Association v. City of Claremont (2006) 39 Cal.4th 623 applies “to determine whether management must meet and confer with a recognized employee organization . . . when the implementation of a fundamental managerial or policy decision significantly and adversely affects a bargaining unit’s wages, hours, or working conditions.” It does not apply, however, to managerial decisions that directly define the employment relationship, which are always negotiable.