SCOPE OF REPRESENTATION – Job Assignment

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Assigning represented employees a material new job duty normally falls within the scope of representation, meaning an employer normally has a duty to provide notice and offer bargaining before it does so, unless the employer satisfied its bargaining duty in advance by negotiating a contractual waiver that allows it to add new duties during a the term of an MOU, without further bargaining. (County of Santa Clara (2022) PERB Decision No. 2820-M, pp. 5-10 & fn. 7; Cerritos Community College District (2022) PERB Decision No. 2819, p. 30.) (p. 10.)