SCOPE OF REPRESENTATION – In General; Test for Subjects Not Specifically Enumerated

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1000.01000 – In General; Test for Subjects Not Specifically Enumerated

There are three distinct categories of managerial decisions, each with its own implications for the scope of representation. Regarding the third category, decisions that affect employment conditions but are not concerned primarily with employment, the Board must balance the benefits of bargaining over the decision against the employer’s managerial interest in making the decision. Aspects of a ballot measure that directly affect employment (e.g., investigating and disciplining employees) tend to fall on the negotiable side, unlike measures that relate primarily to public safety. Thus, decision bargaining is required for those amendments. (pp. 36-44.)

The ballot measure’s creation of a parallel investigative scheme for peace officers was subject to decision bargaining because it related to investigation and discipline of employees. Other amendments in the measure were not subject to decision bargaining but were subject to effects bargaining because they impacted subjects within the scope of representation such as wages and safety. (pp. 39-40)