All notes for Subtopic 1000.02091 – New Positions

DecisionDescriptionPERC Vol.PERC IndexDate
1525E Huntington Beach Union High School District
1000.2091: SCOPE OF REPRESENTATION; New Positions
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.
277605/14/03
1163E Arcata Elementary School District
1000.2091: SCOPE OF REPRESENTATION; New 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
1090E Norris School District
1000.2091: SCOPE OF REPRESENTATION; New Positions
The level of services that an employer decides to provide is nonnegotiable. This includes the creation of new positions and a determination of the number of hours to be assigned; pp. 10 and 13, proposed dec. The decision to transfer duties from one classification to another is negotiable; p. 14, proposed dec. more or view all topics or full text.
192606803/16/95
0646E Lake Elsinore School District * * * OVERRULED by State of California (Department of Agriculture) (2002) PERB Decision No. 1473-S
1000.2091: SCOPE OF REPRESENTATION; New Positions
The amount of a stipend for a newly created classification is considered wages and, therefore, negotiable. Unilateral implementation of the stipend was violation of EERA section 3543.5(c) and, derivatively, (a) and (b). more or view all topics or full text.
121901212/18/87
0334E Mt. San Antonio Community College District
1000.2091: SCOPE OF REPRESENTATION; New Positions
Transfer of bargaining unit work to new positions requires bargaining. more or view all topics or full text.
71422608/18/83
0322E Alum Rock Union Elementary School District
1000.2091: SCOPE OF REPRESENTATION; New Positions
Decision to create new classification to perform a function not previously performed, or to abolish a classification and cease engaging in the activity previously performed by employees in that classification need not be negotiated - but effects of its decision which fall within scope are negotiable. Citing Solano CO CCD (1982) PERB Dec. No. 219, and South Bay UnESD (1982) PERB Dec. No. 207. more or view all topics or full text.
71418406/27/83
0275E Oakland Unified School District
1000.2091: SCOPE OF REPRESENTATION; New Positions
Association proposals on four-hour minimum for new positions and selection criteria for vacant position are within the scope of representation; p. 15, 19. more or view all topics or full text.
71402912/29/82