All notes for Subtopic 1000.02016 – Calendar
Decision | Description | PERC Vol. | PERC Index | Date |
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2854E | Antelope Valley Community College District 1000.02016: SCOPE OF REPRESENTATION; Calendar While instructors’ work calendar would ideally match students’ academic calendar, in reality that is not always true. Accordingly, PERB precedent distinguishes between a calendar setting employee workdays and a calendar setting student instructional days, requiring bargaining over the former but not the latter. A calendar setting instructors’ workdays during the school year must be negotiated because the term “hours” encompasses not only work schedules and workdays, but also the distribution of workdays in a year. In contrast, a calendar that only sets instructional days for students falls outside the scope of representation. The decision whether to offer certain courses beyond the state’s minimum instructional requirements is also outside the scope of representation. An employer therefore may unilaterally decide to reduce, expand, or cancel classes held outside the regular school year, subject to a duty to bargain the effects of such a decision. However, when an employer elects to move courses from one non-mandatory session to another non-mandatory session and in doing so alters distribution of workdays, holidays, and workload, it must provide affected employees’ exclusive representative adequate notice and an opportunity to bargain over both the decision and its effects. (pp. 4-5.) more or view all topics or full text. | 47 | 125 | 02/23/23 |
2444E | Pasadena Area Community College District 1000.02016: SCOPE OF REPRESENTATION; Calendar Employee work dates and hours fall within the scope of representation, notwithstanding fact that management has prerogative to establish student attendance calendar. Where employer changes academic calendar, it has a duty to bargain over decision to change employee work dates or hours; employer’s duty is not merely a duty to bargain effects of a decision on a permissive subject of bargaining. (pp. 13-15 &19.) more or view all topics or full text. | 40 | 37 | 07/30/15 |
1430E | Poway Unified School District 1000.02016: SCOPE OF REPRESENTATION; Calendar The District's unilateral adoption of a calendar, including starting and ending dates, holidays and recesses for students, was not a tentative calendar, but a final work calendar setting certificated staff workdays. Unilateral adoption of such a calendar supports a prima facie violation of EERA based upon a refusal to bargain. more or view all topics or full text. | 25 | 32060 | 04/30/01 |
0790E | Compton Community College District 1000.02016: SCOPE OF REPRESENTATION; Calendar Employee calendars are within the scope of bargaining. However, an employer does not commit an unfair practice by unilaterally adopting a student (as opposed to an employee) calendar, which was tentative and primarily a mechanism to facilitate the student registration process. more or view all topics or full text. | 14 | 21051 | 02/06/90 |
0684E | Los Rios Community College District 1000.02016: SCOPE OF REPRESENTATION; Calendar Employee calendar is negotiable, academic calendar only is not negotiable. more or view all topics or full text. | 12 | 19112 | 06/23/88 |
0606E | Lake Elsinore School District 1000.02016: SCOPE OF REPRESENTATION; Calendar The mere adoption of a tentative calendar is not a per se refusal to bargain, nor is it a per se change in the terms and conditions of employment, unless the employer evidences facts that reflect an intention for the tenative calendar to be a final calendar; p. 8. more or view all topics or full text. | 11 | 18025 | 12/31/86 |
0566E | Modesto City and High School Districts 1000.02016: SCOPE OF REPRESENTATION; Calendar Waiver found where union did not demand to bargain despite notice of proposed calendar. Waiver found where union refused to discuss calendar issue at bargaining sessions. more or view all topics or full text. | 10 | 17080 | 04/10/86 |
0474E | Davis Joint Unified School District 1000.02016: SCOPE OF REPRESENTATION; Calendar Bad faith bargaining by District found where it refused to bargain calendar issues including: first day of school year, dates of holidays, and beginning of summer vacation; pp. 30-31. more or view all topics or full text. | 9 | 16045 | 12/31/84 |
0367E | Oakland Unified School District 1000.02016: SCOPE OF REPRESENTATION; Calendar Calendar within scope; p. 34. more or view all topics or full text. | 8 | 15008 | 12/16/83 |
0240E | San Jose Community College District 1000.02016: SCOPE OF REPRESENTATION; Calendar District's tentative calendar, because it merely established date for student attendance, as opposed to changing the certificated work schedule, was not within the scope of representation. more or view all topics or full text. | 6 | 13222 | 09/30/82 |