All notes for Subtopic 1000.02040 – Elimination of Positions

DecisionDescriptionPERC Vol.PERC IndexDate
2385E Bellflower Unified School District
1000.2040: 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.
391706/30/14
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
1000.2040: SCOPE OF REPRESENTATION; Elimination of Positions
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.
3011805/12/06

1000.2040: SCOPE OF REPRESENTATION; Elimination of Positions
It is clear a bargaining unit is adversely affected when a work transfer results in layoffs or the failure to rehire bargaining unit workers who would otherwise be rehired. Bargaining unit can be adversely affected without any immediate adverse effect on any particular employee within that unit. Diminution of bargaining unit positions is a compelling reason for requiring the employer to meet and confer before arranging to transfer work away from the bargaining unit. Bargaining unit can be adversely affected without any immediate adverse effect on any particular employee within that unit. City's unilateral reorganization which deleted three bargaining unit positions at a city hospital and reclassified the positions as new positions at lower pay in different classifications outside the bargaining unit had a significant effect on the wages, hours and other terms of conditions of employment and was a matter within the scope of representation violated 3504.5 and 3505 of the MMBA. more or view all topics or full text.

1000.2040: SCOPE OF REPRESENTATION; Elimination of Positions
Unfair practice committed when employer unilaterally shifts work by means of contracting the services previously done by its employees to an outside entity. [223 Cal.App.3d at 1133] As district terminated classes before public pressure caused it to contract with outside entity to provide classes, the former district employees suffered no detriment. Absent some showing that union members were terminated because of the decision to contract out their jobs, court declines to hold that decision to contract out was a subject of mandatory negotiation. [223 Cal.App.3d at 1134] Decision to terminate, based on lack of sufficient funds to support their continued employment, is a fundamental mangerial concern which requires such decisions to be left to the employer's prerogative. Such a decision does not require negotiations. [223 Cal.App.3d 1133-1134] a decision does not require negotiations. [223 Cal.App.3d 1133-1134] more or view all topics or full text.
1163E Arcata Elementary School District
1000.2040: SCOPE OF REPRESENTATION; Elimination of Positions
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.
202712006/26/96
1955H Trustees of the California State University (San Diego)
1000.2040: 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.
327404/24/08
0373E Mt. Diablo Unified School District  * * * REVERSED IN PART BY Mt. Diablo Unified School District (1984) PERB Decision No. 373b
1000.2040: SCOPE OF REPRESENTATION; Elimination of Positions
Proposal to maintain resource teacher staffing level found nonnegotiable; p. 49. more or view all topics or full text.
81501712/30/83
0337E Kern Community College District
1000.2040: SCOPE OF REPRESENTATION; Elimination of Positions
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.
71422908/19/83
0326E Oakland Unified School District
1000.2040: 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.
71419507/11/83
0322E Alum Rock Union Elementary School District
1000.2040: SCOPE OF REPRESENTATION; Elimination of Positions
Elimination of position and cessation of service is non-negotiable. more or view all topics or full text.
71418406/27/83
0206E Moreno Valley Unified School District
1000.2040: 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.
61310704/30/82
1354H Regents of the University of California (Bawal, et al.)
1000.2040: 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.
233017309/30/99