SCOPE OF REPRESENTATION – Released Time

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1000.00000 – SCOPE OF REPRESENTATION
1000.02117 – Released Time

The Board found that a negotiated provision on released time is not subject to a further level of review or scrutiny under EERA section 3543.1(c) when the unfair practice charge is filed after an agreement is in effect; pp. 16-17. The EERA provisions concerning released time are applicable at the onset of first time negotiations in order to ensure the ability to get to the negotiating table and in subsequent years when there are no controlling provisions of released time from prior agreements in operation; p. 17. Released time is a mandatory subject of bargaining and also a statutory right under EERA. Insistence upon negotiations on a mandatory subject of bargaining is not a per se violation of the duty to bargain under the theory of conditional bargaining; p. 18. Use of comparative data unnecessary as Board finds a per se violation to bargain under the theory of conditional bargaining; p. 18. Use of comparative data unnecessary as Board finds a per se violation