SCOPE OF REPRESENTATION – Job Assignment

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For a unilateral change claim premised on a new job duty or assignment, to establish a material deviation from the status quo, the charging party must prove that the new duty or assignment was not “reasonably comprehended” within bargaining unit employees’ prior duties or assignments. (State of California (California Correctional Health Care Services) (2022) PERB Decision No. 2823-S, pp. 10-11 (CCHCS); County of Santa Clara (2022) PERB Decision No. 2820-M, p. 7; Cerritos Community College District (2022) PERB Decision No. 2819, p. 30.) This “reasonably comprehended” standard is an objective test that analyzes what a reasonable employee would comprehend based on all relevant circumstances, including, but not limited to, past practice, training, and job descriptions. (CCHCS, supra, PERB Decision No. 2823-S, p. 10; County of Santa Clara, supra, citing Rio Hondo Community College District (1982) PERB Decision No. 279, pp. 17-18 [while catchall language in job description does not overcome evidence of contrary past practice, PERB interprets job descriptions in the context of employees’ overall role].) Thus, to apply the “reasonably comprehended” standard, PERB compares past duties or assignments to new duties or assignments, through the eyes of a reasonable employee. (County of Santa Clara, supra, p. 8.) (pp. 10-11.)