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

Single Topic for Decision 1402E

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* * * OVERRULED IN PART by Huntington Beach Union High School District (2003) PERB Decision No. 1525, 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. * * *

District’s decision to phase out full time position at a particular school represents a legitimate change in the nature, direction or level of service and is non-negotiable based on several factors: (1) the decision was made well before its decision to create and fill part-time positions at that school; (2) the decision is consistent with the District’s past practice; viz. a pattern of several years’ duration of leaving full-time food service positions vacant when the incumbent retired; (3) the District made the decision not to fill the full-time position at Quartz Hill independently of its decision to add a pizza machine and staff it appropriately; and (4) the decision to add the part-time positions was made in order to implement the District’s non-negotiable decision to provide a different type of service to patrons by opening a pizza parlor; due to the operating requirements of the pizza machine, a particular staffing configuration was needed in order to appropriately serve customers.