SCOPE OF REPRESENTATION – Workloads

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Assigning represented employees a material new job duty normally falls within the scope of representation. To prove that a change is material enough to trigger a bargaining obligation, the charging party may, but need not, establish that a new duty increases employees’ workload. (State of California (California Correctional Health Care Services) (2022) PERB Decision No. 2823-S, p. 11 [changes to workload and assignment of new duties often go hand in hand, but it is possible to establish one type of unilateral change without the other]; accord County of Santa Clara (2022) PERB Decision No. 2820, pp. 5-6 & fn. 4.) (p. 10.)