All notes for Subtopic 1000.02085 – Management Rights

DecisionDescriptionPERC Vol.PERC IndexDate
2313E Rio Hondo Community College District
1000.2085: SCOPE OF REPRESENTATION; Management Rights
Requiring negotiation over the effects on performance evaluations and potential discipline flowing from the District’s decision to install security cameras would not significantly abridge the exercise of managerial prerogatives essential to the achievement of the employer’s mission. more or view all topics or full text.
03/21/13
2092E Desert Sands Unified School District
1000.2085: SCOPE OF REPRESENTATION; Management Rights
The Board has generally recognized that the direction of the work force and the determination of the work to be performed by employees is a managerial prerogative and not subject to bargaining. Consequently, the assignment of duties reasonably comprehended within an existing job description is not an unfair labor practice, even if such duties have never been performed. Managerial prerogative, however, is not unlimited. The employer’s discretion to unilaterally assign tasks applies only to those tasks that are reasonably understood to be among the duties of the classification as established in the job description. Moreover, if an employer’s decision regarding the management of its services and utilization of its staff has an impact on the amount of work performed by represented employees, that decision falls within the scope of representation and is subject to bargaining. more or view all topics or full text.
343902/01/10
2057E San Francisco Unified School District
1000.2085: SCOPE OF REPRESENTATION; Management Rights
The assignment of work is a nonnegotiable management prerogative if the newly assigned work is reasonably related to existing duties performed by employees. If the changes are reasonably comprehended within the existing job duties, an assignment of such duties, even if never performed before, is not a violation. Charge failed to allege what teachers’ duties were before principal issued memorandum setting forth expectations concerning written lesson plans, student progress reports, a classroom newspaper, reporting of student absences, the teaching or celebrating of American cultural mores, and grade-level team accountability, and therefore failed to establish that newly assigned duties fell within the scope of representation because they were not reasonably comprehended within the teachers’ existing duties. more or view all topics or full text.
3314508/28/09
1853H Trustees of the California State University * * * OVERRULED by Sonoma County Superior Court (2015) PERB Decision No. 2409-C
1000.2085: SCOPE OF REPRESENTATION; Management Rights
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.
3015508/29/06
1563M City of Pittsburg
1000.2085: SCOPE OF REPRESENTATION; Management Rights
City Council’s use of a consultant to review and recommend what action to take in response to two grievances filed by union is a matter of managerial prerogative that is not negotiable. No facts to support union’s contention that City Council delegated its decision making authority in violation of the contract. more or view all topics or full text.
282612/08/03
1090E Norris School District
1000.2085: SCOPE OF REPRESENTATION; Management Rights
The level of services that an employer decides to provide is nonnegotiable. This includes the creation of new positions and a determination of the number of hours to be assigned; pp. 10 and 13, proposed dec. The decision to leave a position vacant is a decision within an employer's exercise of its managerial prerogative; p. 10, proposed dec. The decision to abolish a classification and cease engaging in the activity previously performed by employees in that classification is a managerial prerogative; p. 12, proposed dec. more or view all topics or full text.
192606803/16/95
0431S State of California (Agricultural Labor Relations Board) (Cauchon, et al.)
1000.2085: SCOPE OF REPRESENTATION; Management Rights
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.
81521611/13/84
0375E Healdsburg Union High School District and Healdsburg Union School District/San Mateo City School District
1000.2085: SCOPE OF REPRESENTATION; Management Rights
Proposal that management hold orientation on contract for excluded employees is nonnegotiable; p. 26. more or view all topics or full text.
81502101/05/84
0360E Arcohe Union School District
1000.2085: SCOPE OF REPRESENTATION; Management Rights
Management has right to determine unilaterally, levels of services to be provided. more or view all topics or full text.
71429411/23/83
0345E Sierra Joint Community College District
1000.2085: SCOPE OF REPRESENTATION; Management Rights
Extension of employment contracts for the District's president/ superintendent and assistant superintendents are matters reserved to the discretion of the employer, and as such, not subject to to negotiation or consultation; pp. 13-14. more or view all topics or full text.
71425509/22/83
0322E Alum Rock Union Elementary School District
1000.2085: SCOPE OF REPRESENTATION; Management Rights
Includes right to - decision to create new classifications to perform a function not previously performed, or to abolish a classification and cease engaging in the activity previously performed by employees in that classification need not be negotiated - but effects of its decision which fall within scope are negotiable. Citing Solano County CCD (1982) PERB 219, and South Bay UnESD (1982) PERB 207. more or view all topics or full text.
71418406/27/83