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

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In cases involving the MMBA, if there is no prior precedent determining whether a topic falls within the scope of representation, PERB and the California appellate courts apply the test set forth in County of Orange (2018) PERB Decision No. 2594-M, pp. 18-20 (Orange), and International Assn. of Fire Fighters, Local 188, AFL-CIO v. Public Employment Relations Bd. (2011) 51 Cal.4th 259, 272-273. PERB’s inquiry in such cases is fundamentally akin to its inquiry under Anaheim Union High School District (1981) PERB Decision No. 177 (the scope of representation test applicable to EERA), as it considers the extent to which collective bargaining is likely to be valuable as well as the extent to which a bargaining obligation may limit management’s ability to act rapidly on an important managerial prerogative. (Orange, supra, PERB Decision No. 2594-M, pp. 18-20.)