All notes for Subtopic 1000.02102 – Payroll Deductions
|Decision||Description||PERC Vol.||PERC Index||Date|
Berkeley Unified School District|
1000.2102: SCOPE OF REPRESENTATION; Payroll DeductionsWhen external law establishes immutable provisions in an area otherwise within the scope of representation, matters are negotiable only to the extent of the employer’s discretion, that is, to the extent that the external law does not “set an inflexible standard or insure immutable provisions.” The District’s proposed recoupment procedure for wages allegedly overpaid to individual employees exceeds the ambit of negotiable exceptions to California’s policy protecting employee wages from prejudgment attachment, and that the District’s proposal is therefore a non-mandatory bargaining subject to which the parties had no right to agree in the first place as it was at variance from mandatory external law and thus nonnegotiable. more or view all topics or full text.
Newark Unified School District|
1000.2102: SCOPE OF REPRESENTATION; Payroll DeductionsNot all payroll deductions are negotiable. Rather, the relationship of the deduction to an enumerated subject in EERA section 3543.2 must be demonstrated. In this case, that relationship has been demonstrated, because the payroll deduction is for a legal expense program which falls squarely within the definitions set forth in EERA. more or view all topics or full text.
Clovis Unified School District|
1000.2102: SCOPE OF REPRESENTATION; Payroll DeductionsUnder well-established precedent, Social Security and PERS benefits are “wages” because they require employer and employee contributions to the applicable funds and so embody both deferred wages and a reduction in employees’ wages. Therefore, the election for retention of Social Security and change in status of PERS benefits is a mandatory subject of bargaining. This conclusion is consistent with Board’s decisions regarding the mandatory status of retirement benefits in general. more or view all topics or full text.
Laguna Salada Union School District|
1000.2102: SCOPE OF REPRESENTATION; Payroll DeductionsThe methodology used in making wage payments or adjustments to wages, how and when employees are paid, is a matter within the scope of representation; p. 11, 13. more or view all topics or full text.