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New and different duties must be added to a job description to effect a change in the essential character of the position

New and different duties must be added to a job description to effect a change in the essential character of the position
American Federation of State, County And Municipal Employees, Local 264 and Buffalo Municipal Housing Authority., PERB U28065 by Administrative Law Judge Poland
Source: PERB staff reports

PERB Administrative Law Judge Poland ruled that the Buffalo Municipal Housing Authority did not violate its bargaining obligation when it unilaterally changed the Assistant Superintendent of Maintenance job specification to include a description of duties performed by employees in the title.

The ALJ noted that there was no evidence to support claims that the responsibilities of the position were significantly expanded. Evidence showed that although the content added to the job specification could be interpreted as expanding the responsibilities of the title, no new duties or responsibilities were in fact added.

Poland concluded that a possibility that the new job description could be interpreted as expanding duties is, without an actual new duty assignment, was insufficient to support a finding that the essential character of the position has been altered or that new duties outside the inherent nature of the position have been added.

Full post as published by New York Public Personnel Law on April 08, 2010 (boomark / email).