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

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Under HEERA, “[a] subject is within the scope of representation” “as a ‘term or condition of employment’” “if: (1) it involves the employment relationship, (2) it is of such concern to both management and employees that conflict is likely to occur and the mediatory influence of collective bargaining is an appropriate means of resolving the conflict, and (3) the employer’s obligation to negotiate would not unduly abridge its freedom to exercise those managerial prerogatives (including matters of fundamental policy) essential to the achievement of the employer’s mission.” Applying this test, the Board found that UC Santa Cruz’s decision to adopt a prohibition against concurrent appointments in FLSA exempt and non-exempt positions was within the scope of representation. (pp. 13-17.)