EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION) – Contract Repudiation or Breach
Single Topic for Decision 1078E
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602.03000 – Contract Repudiation or Breach
Change in work hours of maintenacne employees assigned to work football games resulted in a change of hours as some employees who worked the District's new schedule loss income in the form of overtime compensation; p. 21, proposed dec. District did not carry its burden showing that it established either a new librarian technician or a health clerk position at an elementary school. Instead, the ALJ found that the District unilaterally changed the hours of the positions which were temporarily vacant; p. 28, proposed dec. The ALJ concluded that a reduction or other change in hours of a vacant position is a matter within the scope of bargaining inasmuch as it affects the "collective interests" of bargaining unit members. In this case, the net effect of the District's changes was an actual diminution of unit work; p. 28, proposed dec. this case, the net effect of the District's changes was an actual diminution of unit work; p. 28, proposed dec.