EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION) – In General

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If an employer changes employee assignments or duties without providing the exclusive representative union with notice and an opportunity to meet and confer, outside of any contractual right it may have, there are several means by which a union can establish a unilateral change. (See Cerritos Community College District (2022) PERB Decision No. 2819, p. 30.) Where nurses’ union alleged county began assigning clinical nurses to work in central monitor room and watch multiple telemetry monitors for entire shift, the critical question was whether the County issued nurses new assignments that were not “reasonably comprehended” within their existing assignment or set of duties. “Reasonably comprehended” is an objective standard that refers to what a reasonable employee would comprehend based on all relevant circumstances, including, but not limited to, past practice, training, and job descriptions. (Rio Hondo Community College District (1982) PERB Decision No. 279, pp. 17-18 [while catchall language in job description is insufficient to overcome evidence of contrary past practice, PERB interprets job descriptions in the context of employees’ overall role].) For instance, the Board has found new duties were not reasonably comprehended within an existing assignment when they required employees to obtain additional credentialing. (Mt. San Antonio Community College District (1983) PERB Decision No. 297, p. 11.) (pp. 5-6.)