All notes for Subtopic 1000.02069 – Job Assignment
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 2820M | County of Santa Clara 1000.02069: SCOPE OF REPRESENTATION; Job Assignment Past PERB decisions have stated that if a new assignment is reasonably comprehended within employees’ existing assignments, the new assignment is not within the scope of representation. However, under the more modern formulation, the “reasonably comprehended” question is more integral to determining whether the employer changed the status quo than it is to deciding whether a specified topic is a mandatory or permissive subject of bargaining. In future unilateral change cases, PERB directed Board agents to recognize job duties and assignments as generally falling within the scope of representation and to apply the “reasonably comprehended” standard as part of determining whether an employer changed or deviated from the status quo. (pp. 6-7.) more or view all topics or full text. | 46 | 169 | 05/12/22 |
| 2823S | * * * JUDICIAL APPEAL PENDING * * * State of California (California Correctional Health Care Services) 1000.02069: SCOPE OF REPRESENTATION; Job Assignment A charging party can establish that new job duties materially deviated from the status quo by showing that new duties or assignments are not “reasonably comprehended” within employees’ prior duties or assignments. (Cerritos Community College District (2022) PERB Decision No. 2819, pp. 30-31.) “Reasonably comprehended” is an objective standard that refers to what a reasonable employee would comprehend based on all relevant circumstances, including, but not limited to, past practice, training, and job descriptions. (County of Santa Clara (2022) PERB Decision No. 2820-M, p. 6, citing Rio Hondo Community College District (1982) PERB Decision No. 279, pp. 17-18 [while catchall language in job description does not overcome contrary past practice, PERB interprets job descriptions in the context of employees’ overall role].) For instance, the Board has found new duties were not reasonably comprehended within an existing assignment when they required employees to obtain additional credentialing. (County of Santa Clara, supra, PERB Decision No. 2820-M, p. 6, citing Mt. San Antonio Community College District (1983) PERB Decision No. 297, p. 11.) (pp. 10-20.) more or view all topics or full text. | 47 | 23 | 06/29/22 |
| 1047E | Redwoods Community College District * * * OVERRULED BY Pittsburg Unified School District (2022) PERB Decision No. 2833-E * * * 1000.02069: SCOPE OF REPRESENTATION; Job Assignment * * * OVERRULED BY Pittsburg Unified School District (2022) PERB Decision No. 2833-E, where the Board held that rehiring, reelection, course assignment processes, and work hours for temporary teachers are within the scope of representation. Furthermore, pursuant to the dynamic status quo doctrine, an employer is not permitted to make discretionary changes on these topics merely because it has done so in the past. * * *The district's adoption of a policy affecting the hiring of part-time, temporary instructors in future semesters was consistent with its established past practice, and represented an exercise of its management prerogative concerning hiring, organization and assignment of work; p. 18. more or view all topics or full text. | 18 | 25097 | 05/26/94 |
| 0648S | State of California (Department of Personnel Administration) 1000.02069: SCOPE OF REPRESENTATION; Job Assignment A proposal to prohibit the employer from assigning work of striking employees to nonstriking employees in another unit is negotiable. The employer has an obligation to bargain with an employee organization that is not striking concerning work normally done by employees who are striking. more or view all topics or full text. | 13 | 20013 | 12/18/87 |
| 0431S | State of California (Agricultural Labor Relations Board) (Cauchon, et al.) 1000.02069: SCOPE OF REPRESENTATION; Job Assignment Institution of new case processing procedures severely limiting exercise of discretion by attorneys is non-negotiable exercise of managerial prerogative to direct staff. R.A. dismissal upheld. more or view all topics or full text. | 8 | 15216 | 11/13/84 |
| 0334E | Mt. San Antonio Community College District 1000.02069: SCOPE OF REPRESENTATION; Job Assignment Extra duties performed by department chairs unlawfully transferred to non-bargaining unit position. more or view all topics or full text. | 7 | 14226 | 08/18/83 |