Decision 2311M – City of Escondido


Decision Date: March 8, 2013

Decision Type: PERB Decision

Description: The charge alleged that the City of Escondido violated the MMBA by failing to meet and confer over the decision to transfer bargaining unit work.

Disposition: The Board reversed the partial dismissal of the charge and directed issuance of a complaint.

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Perc Vol: 37
Perc Index: 185

Decision Headnotes

1000.02147 – Transfer of Work Out of Unit

When a transfer of unit work is found to be within the scope of representation, the employer must bargain the decision to transfer work from the bargaining unit, not merely its effects on the employees; where, as a result of the transfer, the employer eliminated work previously performed by bargaining unit employees and re-assigned it to employees outside of the unit, the exception in Eureka City Schools (1985) PERB Decision No. 481, applicable where there has been a change in distribution of overlapping duties between unit and non-unit employees, does not apply; that the employer negotiated the effects of its decision to lay off the employees does not satisfy its duty to negotiate its decision to transfer work.