During 2019-20 it came to the Association’s attention that some staff members were being asked by their administers to diaper and toilet students. While the District has a right to assign this duty to certain staff members, they must bargain the impact of the duty. The Association made a demand to bargain with the aim of discussing additional compensation, first right of refusal, etc. and other procedures related to diapering. The District refused to meet with the Association. We filed an unfair practice charge with the Public Employment Relations Commission. After a lengthy investigation, PERC dismissed the charge finding that the District had required staff to diaper for years the demand to negotiate the impact was untimely.
At this point, the Association still has the ability to bargain compensation and other procedures related to diapering but must do so during the normal contract negotiations process.
Here is a link to PERC’s Decision: DUP 2021-1