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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Past PERB decisions have stated that if a new assignment is reasonably comprehended within employees’ existing assignments, the new assignment is not within the scope of representation. However, under the more modern formulation, the “reasonably comprehended” question is more integral to determining whether the employer changed the status quo than it is to deciding whether a specified topic is a mandatory or permissive subject of bargaining. In future unilateral change cases, PERB directed Board agents to recognize job duties and assignments as generally falling within the scope of representation and to apply the “reasonably comprehended” standard as part of determining whether an employer changed or deviated from the status quo. (pp. 6-7.)