CASE PROCESSING PROCEDURES; CHARGE – In General/Prima Facie Case
Single Topic for Decision 1163E
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1100.01000 – In General/Prima Facie Case
* * * 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. * * *
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.