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

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Decision Headnotes

1000.00000 – SCOPE OF REPRESENTATION
1000.02109 – Promotions

Changes to promotional procedures and criteria, including qualifications, are typically mandatory subjects of bargaining because they directly define the employment relationship.

1000.00000 – SCOPE OF REPRESENTATION
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.

1000.00000 – SCOPE OF REPRESENTATION
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.

1000.00000 – 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.