Decision 2663M – County of Orange
LA-CE-1108-M
Decision Date: August 23, 2019
Decision Type: PERB Decision
Description: Union excepted to a proposed decision finding changes to promotional practices were outside the scope of representation following City of Alhambra (2010) PERB Decision No. 2139-M (Alhambra). Board reversed and overruled Alhambra, finding that changes to promotional procedures and criteria, including qualifications, are typically mandatory subjects of bargaining because they directly define the employment relationship.
Disposition: Reversed Proposed Decision
Perc Vol: 44
Perc Index: 51
Decision Headnotes
1000.02109 – Promotions
Changes to promotional procedures and criteria, including qualifications, are typically mandatory subjects of bargaining because they directly define the employment relationship.
1000.01000 – In General; Test for Subjects Not Specifically Enumerated
Decisions directly defining the employment relationship are mandatory subjects of bargaining and are not subject to Claremont balancing.
1000.01000 – In General; Test for Subjects Not Specifically Enumerated
It is analytically unsound to consider public policy outcomes when determining whether a subject is within the scope of representation.
1000.01000 – In General; Test for Subjects Not Specifically Enumerated
Loss or diminution of opportunity is adverse in a scope of representation analysis even absent any immediate adverse effect on a particular employee.