EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES – Management-Rights Clause; Management Prerogative

Single Topic for Decision 1163E

View all topics for Decision 1163E

Full Decision Text (click on the link to view): Full Text

* * * 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. * * *

An employer's decision to change the hours in a vacant position that reflects a change in the nature, direction or level of service falls within the management prerogative and is outside the scope of representation. Conversely, an employer decision based on labor cost considerations that does not reflect a change in the nature, direction or level of service is directly related to issues of employee wages and hours and is within the scope of representation; p. 8. 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 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.