Decision 1468E – Desert Sands Unified School District
LA-CE-4273-E
Decision Date: November 28, 2001
Decision Type: PERB Decision
Description: The Board found that the charging party has stated a prima facie violation of the EERA and remanded the case to the General Counsel’s office for issuance of a complaint. The charge alleged that the employer violated the EERA by unilaterally transferring bargaining unit work when it transferred the duty of video camera installation to employees in a different classification within the same bargaining unit.
Disposition: Remanded for issuance of a complaint. Transfer of bargaining unit work between classifications is negotiable, both as to the decision and its effects, regardless of whether the transfer is to a current or to a new classification. This decision meets the Anaheim three-part test of negotiability.
Perc Vol: 26
Perc Index: 33013
Decision Headnotes
1000.02071 – 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.
1000.02147 – Transfer of Work Out of Unit
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.
1107.03000 – Remand for Further Hearing; Remand to General Counsel
Charge alleging that employer violated EERA by unilaterally transferring bargaining unit work when it transferred the duty of video camera installation to employees in a different classification within the same unit stated a prima facie violation of EERA, therefore remanded to General Counsel's office for issuance of a complaint.