All notes for Subtopic 1000.02071 – Job Duties
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 2876M | * * * JUDICIAL APPEAL PENDING * * * County of Santa Clara 1000.02071: SCOPE OF REPRESENTATION; Job Duties Material changes to job assignments and duties generally fall within the scope of representation. (County of Santa Clara (2019) PERB Decision No. 2820-M, p. 7; Cerritos Community College District (2022) PERB Decision No. 2819, pp. 30-31.) This standard includes an exception if external law leaves the employer no discretion, but if external law does not completely resolve the issue, the employer must bargain to the extent of its retained discretion. (County of Sacramento (2020) PERB Decision No. 2745-M, pp. 17-18.) (p. 25.) more or view all topics or full text. | 48 | 66 | 10/17/23 |
| 2823S | State of California (California Correctional Health Care Services) 1000.02071: SCOPE OF REPRESENTATION; Job Duties Davis Joint Unified School District (1984) PERB Decision No. 393 (Davis) does not establish a broad management right to change job duties. (Cerritos Community College District (2022) PERB Decision No. 2819, p. 31 [Davis cannot be broadly construed].) Management must bargain if it assigns tasks that are not reasonably understood to be among existing duties or increases “the quantity of work.” (Davis, supra, PERB Decision No. 393, p. 26 & fn. 11.) (p. 19.) more or view all topics or full text. | 47 | 23 | 06/29/22 |
| 2823S | State of California (California Correctional Health Care Services) 1000.02071: SCOPE OF REPRESENTATION; Job Duties 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.) more or view all topics or full text. | 47 | 23 | 06/29/22 |
| 2819E | Cerritos Community College District 1000.02071: SCOPE OF REPRESENTATION; Job Duties There are several means of establishing that an employer must bargain regarding changes to represented employees’ job duties, absent a waiver. Pertinent here, an employer must normally bargain a change to represented employees’ job duties if it is a material change, meaning that the employer is assigning work that was not “reasonably comprehended within the employee’s existing job duties.” (Oakland Unified School District (2003) PERB Decision No. 1544, pp. 5-8 & adopting warning letter at p. 2.) The material change standard also covers decisions to transfer a job duty between employees within the same bargaining unit. (Desert Sands Unified School District (2001) PERB Decision No. 1468, pp. 3-4.) Furthermore, an employer also must bargain over a material change in represented employees’ workload or performance standards. (County of Kern (2018) PERB Decision No. 2615-M, p. 10 & adopting proposed decision at p. 11.) To the extent the ALJ asserted that Davis Joint Unified School District (1983) PERB Decision No. 393, held that an employer need not bargain over work assignments, the ALJ failed to acknowledge that employers must bargain over duties or assignments impacting workload, performance standards, or preservation of bargaining unit work, as well as over revised duties or assignments that are not “reasonably understood” to be among the employees’ existing duties or assignments. Davis’ thrust was thus more muted than the ALJ’s characterization suggested, and we disavow any categorical rule that work assignments are outside the scope of representation. (pp. 29-31.) more or view all topics or full text. | 46 | 168 | 05/06/22 |
| 2615M | County of Kern 1000.02071: SCOPE OF REPRESENTATION; Job Duties Performance targets and performance evaluation scoring rubrics relate to employee performance standards and workload and are therefore within the scope of representation. (pp. 9-10.) more or view all topics or full text. | 43 | 109 | 12/21/18 |
| 2288M | City of Pinole 1000.02071: SCOPE OF REPRESENTATION; Job Duties Charge failed to allege facts establishing change in policy of allowing employees to attend city council meetings while on duty, concerned a matter within the scope of representation. No facts alleged that on-duty attendance at such meetings related in any way to the job duties or working conditions of firefighters. more or view all topics or full text. | 37 | 90 | 10/15/12 |
| 1853H | Trustees of the California State University * * * OVERRULED by Sonoma County Superior Court (2015) PERB Decision No. 2409-C 1000.02071: SCOPE OF REPRESENTATION; Job Duties * * * OVERRULED ON OTHER GROUNDS by Sonoma County Superior Court (2015) PERB Decision No. 2409-C. * * *The direction of work force and determination of what work is to be performed by employees is a managerial prerogative, at the core of managerial control, and not subject to bargaining. However, the employer’s discretion to allocate work duties applies only to those tasks that are reasonably understood to be among the duties of the classification as established by the job description. more or view all topics or full text. | 30 | 155 | 08/29/06 |
| 1608M | City and County of San Francisco 1000.02071: SCOPE OF REPRESENTATION; Job Duties Relying on EERA precedent, Board held that under MMBA the assignment of duties is not a mandatory subject within the scope of representation if the newly assigned duties are reasonably related to existing duties. more or view all topics or full text. | 28 | 139 | 03/22/04 |
| 1614S | State of California (Department of Developmental Services) 1000.02071: SCOPE OF REPRESENTATION; Job Duties Department’s use of CHP unit members instead of CAUSE unit members to provide security at a disciplinary hearing was not a negotiable transfer of work where duties were overlapping and charging party failed to allege any negotiable impact on its members. more or view all topics or full text. | 28 | 126 | 04/05/04 |
| 1468E | Desert Sands Unified School District 1000.02071: SCOPE OF REPRESENTATION; Job Duties Transfer of existing video camera installation duties between classifications is a negotiable subject, both as to the decision and its effects, notwithstanding fact that work remained in the same bargaining unit. more or view all topics or full text. | 26 | 33013 | 11/28/01 |
| 1247S | State of California (Employment Development Department) (California State Employees Association) * * * OVERRULED by Culver City Employees Association v. City of Culver City (2020) PERB Decision No. 2731-M 1000.02071: SCOPE OF REPRESENTATION; Job Duties * * * OVERRULED ON OTHER GROUNDS by City of Culver City (2020) PERB Decision No. 2731-M. * * *To show a unilateral change, the exclusive representative must show that the State altered job duties that are "reasonably understood" to be among the duties of the classification in question; pp. 2-3, partial dismissal letter. more or view all topics or full text. | 22 | 29048 | 01/28/98 |
| 1242E | Redwoods Community College District 1000.02071: SCOPE OF REPRESENTATION; Job Duties An employer commits a unilateral change in job classifications where the existing classification is replaced by a new classification which performs the same essential duties; pp. 3-5. When employer creates a new classification to perform a function not previously performed, or abolishes a classification and ceases engaging in the activity previously performed by employees in that classification, it need not negotiate that decision; p. 28, proposed dec. more or view all topics or full text. | 22 | 29029 | 12/19/97 |
| 1090E | Norris School District 1000.02071: SCOPE OF REPRESENTATION; Job Duties The decision to transfer duties from one classification to another is negotiable; p. 14, proposed dec. more or view all topics or full text. | 19 | 26068 | 03/16/95 |
| 1076E | San Benito High School District 1000.02071: SCOPE OF REPRESENTATION; Job Duties The duty of identifying the location of weeds on a high school campus is reasonably comprehended within the scope of existing job duties for the position of Campus Supervisors under cleans the campus and related work as required and therefore the addition of these duties is nonnegotiable; p. 3, warning letter. more or view all topics or full text. | 19 | 26034 | 12/16/94 |
| 0322E | Alum Rock Union Elementary School District 1000.02071: SCOPE OF REPRESENTATION; Job Duties Cites Rio Hondo CCD (1982) PERB Dec. No. 279 and Mt San Antonio CCD (1983) PERB Dec. No. 297. more or view all topics or full text. | 7 | 14184 | 06/27/83 |
| 0279E | Rio Hondo Community College District 1000.02071: SCOPE OF REPRESENTATION; Job Duties Assignment of teaching duties to Cooperative Work Experience instructors was closely enough related to their existing duties as not to be an unlawful policy change; p. 18. more or view all topics or full text. | 7 | 14036 | 12/31/82 |