All notes for Subtopic 1000.02070 – Job Descriptions
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 2900M |
* * * JUDICIAL APPEAL PENDING * * * County of Santa Clara
1000.02070: SCOPE OF REPRESENTATION; Job Descriptions
Job qualifications fall within the scope of representation unless the employer does no more than comply with an externally imposed change. (County of Sacramento (2020) PERB Decision No. 2745-M, pp. 17-18.) “[W]hen external law establishes immutable provisions in an area otherwise within the scope of representation, matters are negotiable only to the extent of the employer’s discretion, that is, to the extent that the external law does not ‘set an inflexible standard or [e]nsure immutable provisions.’” (Id. at p. 18 [quoting Berkeley Unified School District (2012) PERB Decision No. 2268, p. 9 and San Mateo City School Dist. v. Public Employment Relations Bd. (1983) 33 Cal.3d 850, 864-865].) Practice privilege qualifications are not identical to job qualifications, but the two topics are closely related, and precedent on job qualifications is a persuasive guide. (p. 15.) more or view all topics or full text. |
48 | 169 | 04/23/24 |
| 2823S |
State of California (California Correctional Health Care Services)
1000.02070: SCOPE OF REPRESENTATION; Job Descriptions
An employer must bargain before materially changing a job qualification unless the change merely complies with an externally imposed change in law. (County of Sacramento (2020) PERB Decision No. 2745-M, p. 17.) While a newly-required qualification is subject to bargaining if it is material and not required by an external change in law, it also may constitute evidence that the employer has materially changed duties. In other words, if an employer requires a new qualification while altering duties, the new qualification tends to show that the new duties were not reasonably comprehended within existing duties. (County of Santa Clara (2022) PERB Decision No. 2820-M, p. 6; Mt. San Antonio Community College District (1983) PERB Decision No. 297, p. 11.) (pp.11-12.) more or view all topics or full text. |
47 | 23 | 06/29/22 |
| 2745M |
County of Sacramento
1000.02070: SCOPE OF REPRESENTATION; Job Descriptions
Changes to job specifications, including training and certification requirements, are within the scope of representation. (p. 17.) more or view all topics or full text. |
45 | 39 | 09/18/20 |
| 1942C |
Fresno County Superior Court * * * OVERRULED IN PART by County of Sacramento (2013) PERB Decision No. 2315-M
1000.02070: SCOPE OF REPRESENTATION; Job Descriptions
* * * OVERRULED IN PART ON OTHER GROUNDS by County of Sacramento (2013) PERB Decision No. 2315-M. * * *
The decision to add Realtime reporting requirements to the job description for court reporters which mandated use of additional equipment and software, technical knowledge, and customizing the Realtime dictionary, where prior job description required only use of a stenograph machine, reasonably fell within Trial Court Act’s exclusion of decisions regarding “delivery of court services” from the scope of representation of the Trial Court Act because the decision was made for the purpose of carrying out the special responsibilities of the trial court. more or view all topics or full text. |
32 | 38 | 01/31/08 |
| 0322E |
Alum Rock Union Elementary School District
1000.02070: SCOPE OF REPRESENTATION; Job Descriptions
Change in job specifications that results in a change of such duties or qualifications is related to matters in scope. more or view all topics or full text. |
7 | 14184 | 06/27/83 |