SCOPE OF REPRESENTATION – Job Descriptions

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An employer must bargain before materially changing a job qualification unless the change merely complies with an externally imposed change in law. (County of Sacramento (2020) PERB Decision No. 2745-M, p. 17.) While a newly-required qualification is subject to bargaining if it is material and not required by an external change in law, it also may constitute evidence that the employer has materially changed duties. In other words, if an employer requires a new qualification while altering duties, the new qualification tends to show that the new duties were not reasonably comprehended within existing duties. (County of Santa Clara (2022) PERB Decision No. 2820-M, p. 6; Mt. San Antonio Community College District (1983) PERB Decision No. 297, p. 11.) (pp.11-12.)