All notes for Subtopic 1000.02112 – Reassignments
|Decision||Description||PERC Vol.||PERC Index||Date|
|2819E|| * * * JUDICIAL APPEAL PENDING * * * Cerritos Community College District|
1000.02112: SCOPE OF REPRESENTATION; ReassignmentsThere 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.
|1932M|| City and County of San Francisco (International Airport)|
1000.02112: SCOPE OF REPRESENTATION; ReassignmentsThe reassignment of an employee, a construction project manager, to oversee a different project did not constitute a unilateral change of the City’s “transfer” or “reassignment” policy. more or view all topics or full text.
|1259E|| Fall River Joint Unified School District|
1000.02112: SCOPE OF REPRESENTATION; ReassignmentsTransfer and reassignment policies are subjects within the scope of representation enumerated in EERA section 3543.2; p. 29. more or view all topics or full text.
|0322E|| Alum Rock Union Elementary School District|
1000.02112: SCOPE OF REPRESENTATION; ReassignmentsEducation Code 45101(e) helps define reassignment to encompass the movement of employee from existing classification to a different or newly created classification. more or view all topics or full text.
|1354H|| Regents of the University of California (Bawal, et al.)|
1000.02112: SCOPE OF REPRESENTATION; ReassignmentsEmployer has no duty to negotiate over reorganization of the department, including the decision to effectuate the reorganization via layoff. However, the employer must negotiate over effects of this decision. more or view all topics or full text.