Decision 1608M – City and County of San Francisco

SF-CE-18-M

Decision Date: March 22, 2004

Decision Type: PERB Decision

Description:  Union alleged that city violated MMBA by unilaterally assigning new duties to clerks.  Board found that new duties were reasonably related to existing duties; thus, assignment of new duties is not mandatory subject of bargaining.

Disposition:  Board dismissed charge.

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Perc Vol: 28
Perc Index: 139

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

There is no obligation on either party to negotiate over permissive subjects of bargaining. However, once an agreement is reached regarding a permissive subject and it is embodied in the parties’ collective bargaining agreement, the parties are bound to that agreement for its duration. Once the agreement expires there is no obligation to adhere to the agreement or bargain a new one.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.03000 – Change In Policy

There is no obligation on either party to negotiate over permissive subjects of bargaining. However, once an agreement is reached regarding a permissive subject and it is embodied in the parties’ collective bargaining agreement, the parties are bound to that agreement for its duration. Once the agreement expires there is no obligation to adhere to the agreement or bargain a new one.

1000.00000 – SCOPE OF REPRESENTATION
1000.01000 – In General; Test for Subjects Not Specifically Enumerated

There is no obligation on either party to negotiate over permissive subjects of bargaining. However, once an agreement is reached regarding a permissive subject and it is embodied in the parties’ collective bargaining agreement, the parties are bound to that agreement for its duration. Once the agreement expires there is no obligation to adhere to the agreement or bargain a new one.

1000.00000 – SCOPE OF REPRESENTATION
1000.02048 – Extra 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.

1000.00000 – SCOPE OF REPRESENTATION
1000.02071 – 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.