SCOPE OF REPRESENTATION – Transfer of Work Out of Unit

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1000.02147 – Transfer of Work Out of Unit

City’s decision was only non-bargainable to the extent it temporarily stopped performing certain functions altogether. For those functions still performed, City’s decision was equally bargainable to the extent the City began using not only private contractors but also City employees outside bargaining unit to perform some of the classification’s traditional work. PERB reached its conclusion with respect to the transfer of certain work to City employees outside the bargaining unit based on extensive precedent holding that such a decision is bargainable if either (i) the work was not historically shared with other classifications outside the bargaining unit, or (ii) the employer decision at issue completely removed the work from the bargaining unit, when in the past it had been shared between employees in and out of the bargaining unit. (See, e.g., Desert Sands Unified School District (2010) PERB Decision No. 2092, p. 20; Calistoga Joint Unified School District (1989) PERB Decision No. 744, p. 9.) PERB found the transfer of work to City employees outside of the bargaining unit qualified as bargainable under both of these tests, independently.