All notes for Subtopic 1000.02040 – Elimination of Positions
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 2385E | Bellflower Unified School District 1000.02040: SCOPE OF REPRESENTATION; Elimination of Positions The decision to close a facility or to lay off employees is not subject to bargaining, but the effects of that decision on matters within the scope of representation are negotiable. Even if the classified positions to be abolished by the action taken at the school board meeting did not result in layoffs, reductions in work hours, reductions in pay, or the closing of the school site, the District was still required to meet with the union to seek clarification. more or view all topics or full text. | 39 | 17 | 06/30/14 |
| 1839H | Trustees of the California State University * * * OVERRULED IN PART by County of Kern and Kern County Hospital Authority (2019) PERB Decision No. 2659-M 1000.02040: SCOPE OF REPRESENTATION; Elimination of Positions * * * OVERRULED IN PART by County of Kern & Kern County Hospital Authority (2019) PERB Decision No. 2659-M, where the Board held that there is a duty to bargain when an employer plans to subcontract bargaining unit work at a newly established worksite. * * *There is no duty to bargain where Respondent did not transfer bargaining unit work out of the unit or substitute one group of employees for another. There was no evidence that any unit employees ever performed work at that campus. That some student housing services at other campuses were performed by bargaining unit employees does not of itself mandate that housing services be performed by bargaining at this campus. more or view all topics or full text. | 30 | 118 | 05/12/06 |
| 1163E | Arcata Elementary School District * * * OVERRULED by Huntington Beach Union High School District (2003) PERB Decision No. 1525 1000.02040: SCOPE OF REPRESENTATION; Elimination of Positions * * * 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. * * *Employer decisions involving the level of services to be provided fall within the management prerogative. These decisions include the creation of new positions, determining the number of hours assigned to new positions, discontinuing a service by abolishing a position and laying off employees; p. 5. 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 nature, direction or level of service, but a decision based on labor costs associated with that service; pp. 9-10. a change in the nature, direction or level of service, but a decision based on labor costs associated with that service; pp. 9-10. more or view all topics or full text. | 20 | 27120 | 06/26/96 |
| 1955H | Trustees of the California State University (San Diego) 1000.02040: SCOPE OF REPRESENTATION; Elimination of Positions The employer did not unlawfully contract out work when its decision to discontinue staffing remedial mathematics and writing classes was made independent of its decision to contract with a third party to teach these classes. more or view all topics or full text. | 32 | 74 | 04/24/08 |
| 0373E | Mt. Diablo Unified School District * * * OVERRULED IN PART by Mt. Diablo Unified School District (1984) PERB Decision No. 373b and OVERRULED IN PART by The Accelerated Schools (2023) PERB Decision No. 2855 * * * 1000.02040: SCOPE OF REPRESENTATION; Elimination of Positions * * * OVERRULED IN PART ON OTHER GROUNDS by Mt. Diablo Unified School District (1984) PERB Decision No. 373b and OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *Proposal to maintain resource teacher staffing level found nonnegotiable; p. 49. more or view all topics or full text. | 8 | 15017 | 12/30/83 |
| 0337E | Kern Community College District * * * OVERRULED IN PART by The Accelerated Schools (2023) PERB Decision No. 2855 * * * 1000.02040: SCOPE OF REPRESENTATION; Elimination of Positions * * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *Board's adoption of resolution eliminating services not unlawful per se. Nor is decision to lay off eight persons. more or view all topics or full text. | 7 | 14229 | 08/19/83 |
| 0326E | Oakland Unified School District * * * OVERRULED IN PART by The Accelerated Schools (2023) PERB Decision No. 2855 * * * 1000.02040: SCOPE OF REPRESENTATION; Elimination of Positions Union proposal to lay off one employee in lieu of another is in contravention of employer decision to lay off; p. 32. more or view all topics or full text. | 7 | 14195 | 07/11/83 |
| 0322E | Alum Rock Union Elementary School District 1000.02040: SCOPE OF REPRESENTATION; Elimination of Positions Elimination of position and cessation of service is non-negotiable. more or view all topics or full text. | 7 | 14184 | 06/27/83 |
| 0206E | Moreno Valley Unified School District 1000.02040: SCOPE OF REPRESENTATION; Elimination of Positions Failure to bargain over effects of decision to eliminate Miller-Unruh Act teaching positions and positions of assistant football coach, violation; p. 12. more or view all topics or full text. | 6 | 13107 | 04/30/82 |
| 1354H | Regents of the University of California (Bawal, et al.) 1000.02040: SCOPE OF REPRESENTATION; Elimination of Positions Employer has no duty to negotiate over reorganization of the department, including the decision to effectuate the reorganization via layoff. However, the employer must negotiate over effects of this decision. more or view all topics or full text. | 23 | 30173 | 09/30/99 |