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1000.02064 – Hours of Work

* * * OVERRULED IN PART by Huntington Beach Union High School District (2003) PERB Decision No. 1525, pp. 2-10, where the Board held a change in work hours for a vacant position falls within the scope of representation, even where the change is prompted by an employer’s decision to alter its nature, direction, or level of service. * * *

The District's decision to change the hours of a vacant, full-time position into two 3-3/4 hour positions was within the scope of representation. Since the unusual 3-3/4 hour time base fell below the 4 hours per day required to qualify for the employer's benefit package and the two new part-time employees performed the same work previously performed by the full-time employee, the District's decision was not an exercise of the management prerogative reflecting a change in the nature, direction or level of service, but a decision based on labor costs associated with that service; pp. 9-10. In unilateral change of hours of vacant position, it is the employer's burden to show the change was not within the scope of bargaining because the change was based on factors other than labor cost considerations.