All notes for Subtopic 1000.02016 – Calendar

DecisionDescriptionPERC Vol.PERC IndexDate
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.
4712502/23/23
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.
403707/30/15
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.
253206004/30/01
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.
142105102/06/90
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.
121911206/23/88
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.
111802512/31/86
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.
101708004/10/86
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.
91604512/31/84
0367E Oakland Unified School District
1000.02016: SCOPE OF REPRESENTATION; Calendar
Calendar within scope; p. 34. more or view all topics or full text.
81500812/16/83
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.
61322209/30/82