Decision 1242E – Redwoods Community College District

SF-CE-1808; SF-CE-1830

Decision Date: December 19, 1997

Decision Type: PERB Decision

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Perc Vol: 22
Perc Index: 29029

Decision Headnotes

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.01000 – In General

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.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.04000 – Time of Implementation

Agreeing to negotiate after a unilateral change does not negate the unlawfulness of the change.

1000.00000 – SCOPE OF REPRESENTATION
1000.02019 – Classification of Employees

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.

1000.00000 – SCOPE OF REPRESENTATION
1000.02071 – 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.

1000.00000 – SCOPE OF REPRESENTATION
1000.02137 – Subcontracting

PERB follows the U.S. Supreme Court rulings which held that subcontracting decisions which are based, at least in part, on labor costs are negotiable; p. 20, proposed dec. District's subcontracting decision was based in part on labor costs and did not involve a change in the scope and direction of the enterprise and is negotiable; p. 21, proposed dec. Contemporaneous decision by the District to terminate the duties of bargaining members and transfer work to outside contractor is negotiable; p. 23, proposed dec.