All notes for Subtopic 1000.02064 – Hours of Work
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 2854E | Antelope Valley Community College District 1000.02064: SCOPE OF REPRESENTATION; Hours of Work 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 as it did here, 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 |
| 2833E | Pittsburg Unified School District 1000.02064: SCOPE OF REPRESENTATION; Hours of Work A public school employer is required to bargain over employee work hours but not over instructional dates. Thus, any change to the status quo of Adult Education summer teachers’ paid hours was within the scope of representation. (p. 10.) more or view all topics or full text. | 47 | 57 | 09/13/22 |
| 2504E | Anaheim Union High School District 1000.02064: SCOPE OF REPRESENTATION; Hours of Work Because the parties’ discussions concerned mandatory subjects, including the number and identify of employees to be laid off, and the wages and hours of remaining employees, the Board dismissed the charging party’s allegation that the employer had unlawfully insisted to impasse on a permissive subject of bargaining by proposing various economic concessions within the framework of alternative shorter and longer lists of employees to be laid off. Although an employer’s decision to layoff is not subject to bargaining, the negotiable effects of that decision include the timing, number and identity of employees to be laid off. Additionally, alternatives to layoffs, including furloughs, reductions in employee hours or other concessions in pay or benefits, are negotiable because they necessarily affect enumerated subjects, including wages and hours. (pp. 10-11.) more or view all topics or full text. | 41 | 80 | 10/14/16 |
| 1969E | Beverly Hills Unified School District * * * OVERRULED IN PART by Trustees of California State University (2012) PERB Decision No. 2287-H and County of Sacramento (2013) PERB Decision No. 2315-M 1000.02064: SCOPE OF REPRESENTATION; Hours of Work * * * OVERRULED IN PART by Trustees of California State University (2012) PERB Decision No. 2287-H, where the Board held that a demand to bargain only needs to identify potential prospective effects, not actual effects, and by County of Sacramento (2013) PERB Decision No. 2315-M, where the Board held that a request to bargain need not identify specific effects. * * *To establish a negotiable change in teachers’ work hours resulting from a non-negotiable decision, charge must allege facts establishing an actual impact on work hours, either by showing an increase in instructional time or a decrease in preparation time that has the effect of lengthening the workday or shortening existing duty-free time. Charge failed to allege facts establishing that teachers’ workday was increased by district’s adoption of policy requiring return of student examinations upon parent request. more or view all topics or full text. | 32 | 115 | 07/08/08 |
| 1558S | State of California (Department of Motor Vehicles) 1000.02064: SCOPE OF REPRESENTATION; Hours of Work Charge alleged that employer unilaterally implemented a timekeeping device by requiring employee to activate alarm system and to sign out at the end of workday. Board found dismissed charge on the grounds that a check-in/check-out system implemented for security purposes in not within the scope of representation unless there is an impact on the length of the workday. more or view all topics or full text. | 28 | 16 | 11/21/03 |
| 1525E | Huntington Beach Union High School District 1000.02064: SCOPE OF REPRESENTATION; Hours of Work A change in the hours of employment of vacant positions is a matter within the scope of representation. This remains true even where the change is prompted by an employer’s decision to alter its nature, direction, or level of service. To the extent that the Board’s prior decisions in Arcata Elementary School District (1996) PERB Decision No. 1163, East Side Union High School District (1999) PERB Decision No. 1353, Antelope Valley Union High School District (2000) PERB Decision No. 1402, hold otherwise, they are overruled. more or view all topics or full text. | 27 | 76 | 05/14/03 |
| 1402E | Antelope Valley Union High School District * * * OVERRULED by Huntington Beach Union High School District (2003) PERB Decision No. 1525 1000.02064: SCOPE OF REPRESENTATION; Hours of Work * * * 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. * * *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. more or view all topics or full text. | 24 | 31145 | 09/05/00 |
| 1206E | San Ysidro School District (California School Employees Association and Its San Ysidro Chapter #154)) 1000.02064: SCOPE OF REPRESENTATION; Hours of Work Where District proffered no credible rationale for change and where CBA limited benefits to those employees who worked at least half time, the Board inferred that the District's conversion of one 7-hour per day position into two 3.5 hour per day positions was effected for labor cost considerations and, therefore, negotiable; p. 7, proposed dec. more or view all topics or full text. | 21 | 28122 | 06/23/97 |
| 1163E | Arcata Elementary School District * * * OVERRULED by Huntington Beach Union High School District (2003) PERB Decision No. 1525 1000.02064: SCOPE OF REPRESENTATION; Hours of Work * * * 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. * * *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. In unilateral change of hours of vacant position, it is the employer's burden to show the change was not within the scope of bargaining because the change was based on factors other than labor cost considerations. more or view all topics or full text. | 20 | 27120 | 06/26/96 |
| 1106E | Moreno Valley Unified School District 1000.02064: SCOPE OF REPRESENTATION; Hours of Work Hours of work, including the time of day the hours are to be worked, are negotiable. A change in hours occurs when there is a change in work shift, and such is negotiable; p. 8, proposed dec. more or view all topics or full text. | 19 | 26099 | 05/19/95 |
| 1085E | Cajon Valley Union School District 1000.02064: SCOPE OF REPRESENTATION; Hours of Work The hours of vacant bargaining unit positions are negotiable; p. 4. more or view all topics or full text. | 19 | 26063 | 03/01/95 |
| 1078E | San Jacinto Unified School District 1000.02064: SCOPE OF REPRESENTATION; Hours of Work A decision to change work schedules, workweek, or the number of hours per day assigned to employees, and the effects thereof, are negotiable subjects of bargaining; p. 18, proposed dec. more or view all topics or full text. | 19 | 26036 | 12/22/94 |
| 0798E | Compton Community College District 1000.02064: SCOPE OF REPRESENTATION; Hours of Work Student grievance policy negotiable on theory that it increases the workload or hours of work of counselors; pp. 29-31, proposed dec. more or view all topics or full text. | 14 | 21079 | 03/22/90 |
| 0632E | Riverside Unified School District 1000.02064: SCOPE OF REPRESENTATION; Hours of Work Starting and ending times negotiable, but no violation because change was consistent with past practice. more or view all topics or full text. | 11 | 18152 | 08/26/87 |
| 0582E | Oak Grove School District 1000.02064: SCOPE OF REPRESENTATION; Hours of Work Unlawful unilateral change in work time, prep time etc. where employer failed to negotitate effects before implementing increased hours. more or view all topics or full text. | 10 | 17134 | 06/30/86 |
| 0562Ea | Riverside Unified School District 1000.02064: SCOPE OF REPRESENTATION; Hours of Work Employee unaffected by alleged unilateral change cannot bring charge. more or view all topics or full text. | 10 | 17103 | 05/16/86 |
| 0565E | Victor Valley Union High School District 1000.02064: SCOPE OF REPRESENTATION; Hours of Work Unilateral change in number of hours per day - increase of 10 minutes instructional time/reduction of 10 minutes preparation time. more or view all topics or full text. | 10 | 17079 | 04/10/86 |
| 0523E | Riverside Unified School District (Petrich) 1000.02064: SCOPE OF REPRESENTATION; Hours of Work No prima facie case for unilateral change in hours of employment, where change did not occur until after negotiations had been successfully concluded. more or view all topics or full text. | 9 | 16214 | 09/25/85 |
| 0433E | Saddleback Community College District 1000.02064: SCOPE OF REPRESENTATION; Hours of Work Allegation that employer unilaterally rescinded policy permitted faculty members of schedule classes of fewer than five days per week states a prima facie case. Hours of employment is not limited to the total number of working hours required but also includes what days of the week and what hours of are to be worked. R.A. dismissal reversed. more or view all topics or full text. | 8 | 15222 | 11/16/84 |
| 0374E | Azusa Unified School District 1000.02064: SCOPE OF REPRESENTATION; Hours of Work Involuntary reduction of hours is within scope and not subject to Education Code section 45101(g); p. 11. more or view all topics or full text. | 8 | 15018 | 12/30/83 |
| 0367E | Oakland Unified School District 1000.02064: SCOPE OF REPRESENTATION; Hours of Work Hours of work within scope; p. 33. more or view all topics or full text. | 8 | 15008 | 12/16/83 |
| 0360E | Arcohe Union School District 1000.02064: SCOPE OF REPRESENTATION; Hours of Work Subcontracting is related to hours of employment. more or view all topics or full text. | 7 | 14294 | 11/23/83 |
| 0339E | Salinas Union High School District 1000.02064: SCOPE OF REPRESENTATION; Hours of Work Hours of work negotiable. more or view all topics or full text. | 7 | 14236 | 08/22/83 |
| 0334E | Mt. San Antonio Community College District 1000.02064: SCOPE OF REPRESENTATION; Hours of Work Hours of employment unlawfully altered by reorganization plan adding teaching load while requiring extra duties, and further, by eliminating teaching free time. more or view all topics or full text. | 7 | 14226 | 08/18/83 |
| 0275E | Oakland Unified School District 1000.02064: SCOPE OF REPRESENTATION; Hours of Work Associations proposal on four-hour minimum for new position and selection criteria for vacant position are within the scope of representation; p. 15. more or view all topics or full text. | 7 | 14029 | 12/29/82 |
| 0199E | Pittsburg Unified School District 1000.02064: SCOPE OF REPRESENTATION; Hours of Work Unilaterally changing employees's work hours and schedule--employee's shift was changed on days of athletic events to avoid having to pay him overtime--is violation of District's duty to negotiate in good faith over proposed changes in working conditions of unit members; p. 7. more or view all topics or full text. | 6 | 13069 | 03/15/82 |
| 0096E | Palos Verdes Peninsula Unified School District/Pleasant Valley School District 1000.02064: SCOPE OF REPRESENTATION; Hours of Work Issues of vacation dates, school calendar and holidays are within "hours of work;" p. 42. more or view all topics or full text. | 3 | 10097 | 07/16/79 |
| 0928S | State of California (Department of Personnel Administration) (International Union of Operating Engineers Local 39) 1000.02064: SCOPE OF REPRESENTATION; Hours of Work Board summarily affirms dismissal of charge that DPA violated 3516.5, and 3519(a), (b), and (c) of Dills by failing to give unions notice and opportunity to bargain before proposing an initiative to the Attorney General or people of the state which would allow the Governor, in state of fiscal emergency, to furlough or reduce salaries of state employees. Matters at issue found not to be within the scope of representation because: (1) the mediatory influence of collective bargaining is not suited to the resolution of this conflict; and (2) such obligation would unduly abridge employers' freedom to exercise managerial prerogative. more or view all topics or full text. | 16 | 23063 | 04/20/92 |
| 0927S | State of California (Governor Pete Wilson) (Association of California State Attorneys and Administrative Law Judges; Professional Engineers in California Government; California Association of Professional Scientists) 1000.02064: SCOPE OF REPRESENTATION; Hours of Work Board summarily affirms dismissal of charge that Governor violated 3516.5, and 3519(b) and (c) of Dills by failing to give unions notice and opportunity to bargain before proposing initiative which would allow him, in state of fiscal emergency, to furlough or reduce salaries of state employees, to the Attorney General or people of the state. Matters at issue found not to be within the scope of representation because: (1) the mediatory influence of collective bargaining is not suited to the resolution of this conflict; and (2) such obligation would unduly abridge employers' freedom to exercise managerial prerogative. more or view all topics or full text. | 16 | 23061 | 04/13/92 |