SCOPE OF REPRESENTATION – Job Specifications

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1000.00000 – SCOPE OF REPRESENTATION
1000.02074 – Job Specifications

Job qualifications fall within the scope of representation unless the employer does no more than comply with an externally imposed change. (County of Sacramento (2020) PERB Decision No. 2745-M, pp. 17-18.) “[W]hen external law establishes immutable provisions in an area otherwise within the scope of representation, matters are negotiable only to the extent of the employer’s discretion, that is, to the extent that the external law does not ‘set an inflexible standard or [e]nsure immutable provisions.’” (Id. at p. 18 [quoting Berkeley Unified School District (2012) PERB Decision No. 2268, p. 9 and San Mateo City School Dist. v. Public Employment Relations Bd. (1983) 33 Cal.3d 850, 864-865].) Practice privilege qualifications are not identical to job qualifications, but the two topics are closely related, and precedent on job qualifications is a persuasive guide. (pp. 15-16.)