SCOPE OF REPRESENTATION – Transfer of Work Out of Unit

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A transfer of a job duty from bargaining unit employees to employees outside the unit is material, and thus bargainable, if the transfer either: (1) causes unit employees to cease performing a duty entirely, when previously unit employees shared the duty with non-unit personnel; or (2) causes non-unit employees to begin performing a duty that only unit employees had previously performed. (City of Glendale (2020) PERB Decision No. 2694-M, pp. 38-39, fn. 19; City of Sacramento (2013) PERB Decision No. 2351-M, p. 16; Desert Sands Unified School District (2010) PERB Decision No. 2092, p. 20; Calistoga Joint Unified School District (1989) PERB Decision No. 744, p. 9; Eureka City School District (1985) PERB Decision No. 481, p. 15 (Eureka).) PERB commonly refers to this as the Eureka standard. While precedent sometimes characterizes the Eureka standard as defining whether a decision is within the scope of representation, in fact there is no question that job duties are a mandatory bargaining topic. Thus, as an analytic matter, the Eureka standard truly measures whether a deviation from the status quo is sufficiently material to trigger bargaining. (pp. 15-16.)