All notes for Subtopic 1000.02115 – Reduction in Hours/Workday/Worktime/Workyear

DecisionDescriptionPERC Vol.PERC IndexDate
2504E Anaheim Union High School District
1000.2115: SCOPE OF REPRESENTATION; Reduction in Hours/Workday/Worktime/Workyear
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.
418010/14/16
2218E Pasadena Area Community College District
1000.2115: SCOPE OF REPRESENTATION; Reduction in Hours/Workday/Worktime/Workyear
Decision to cancel winter intersession classes was outside scope of representation. No violation of duty to bargain effects, where no demand to bargain negotiable effects of decision was ever made. more or view all topics or full text.
368011/09/11
1206E San Ysidro School District (California School Employees Association and Its San Ysidro Chapter #154))
1000.2115: SCOPE OF REPRESENTATION; Reduction in Hours/Workday/Worktime/Workyear
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.
212812206/23/97
1198E San Ysidro School District
1000.2115: SCOPE OF REPRESENTATION; Reduction in Hours/Workday/Worktime/Workyear
The decision to reduce an employee's hours is within the scope of bargaining. more or view all topics or full text.
212809505/07/97
1078E San Jacinto Unified School District
1000.2115: SCOPE OF REPRESENTATION; Reduction in Hours/Workday/Worktime/Workyear
Reduction in hours of a vacant position is negotiable; p. 28, proposed dec. more or view all topics or full text.
192603612/22/94
0646E Lake Elsinore School District * * * OVERRULED by State of California (Department of Agriculture) (2002) PERB Decision No. 1473-S
1000.2115: SCOPE OF REPRESENTATION; Reduction in Hours/Workday/Worktime/Workyear
District bypassed the exclusive representative by negotiating directly with a unit member for a reduced work year, in violation of EERA section 3543.5(c) and, derivatively, (a) and (b). more or view all topics or full text.
121901212/18/87
1221H Regents of the University of California (Lawrence Livermore)
1000.2115: SCOPE OF REPRESENTATION; Reduction in Hours/Workday/Worktime/Workyear
Change in hours is a reasonably foreseeable, and therefore negotiable, effect of staffing change; p. 8. more or view all topics or full text.
212816109/26/97
0507E Santa Maria Joint Union High School District
1000.2115: SCOPE OF REPRESENTATION; Reduction in Hours/Workday/Worktime/Workyear
No violation for refusal to bargain decision to reduce hours where parties' contract provides that management retained the right to reduce hours. more or view all topics or full text.
91613805/16/85
0488E Pleasant Valley School District
1000.2115: SCOPE OF REPRESENTATION; Reduction in Hours/Workday/Worktime/Workyear
Decision to reduce hours negotiable; unilateral reduction not excused by business necessity or waiver. more or view all topics or full text.
91609302/27/85
0481E Eureka City School District
1000.2115: SCOPE OF REPRESENTATION; Reduction in Hours/Workday/Worktime/Workyear
No negotiable transfer of work, but negotiable as reduction in hours. more or view all topics or full text.
91606001/15/85
0375E Healdsburg Union High School District and Healdsburg Union School District/San Mateo City School District
1000.2115: SCOPE OF REPRESENTATION; Reduction in Hours/Workday/Worktime/Workyear
Reduction in work hours is negotiable. more or view all topics or full text.
81502101/05/84
0367E Oakland Unified School District
1000.2115: SCOPE OF REPRESENTATION; Reduction in Hours/Workday/Worktime/Workyear
Reduction in hours within scope; p. 32. more or view all topics or full text.
81500812/16/83
0343E South San Francisco Unified School District
1000.2115: SCOPE OF REPRESENTATION; Reduction in Hours/Workday/Worktime/Workyear
Employer unlawfully reduced hours of vacant positions belonging to the unit. more or view all topics or full text.
71424309/02/83
0193E North Sacramento School District
1000.2115: SCOPE OF REPRESENTATION; Reduction in Hours/Workday/Worktime/Workyear
In a merit system district, a decision to reduce hours "in lieu of layoff" is within scope of representation. No conflict with Education Code or Personnel Commission Rules. (4-8) more or view all topics or full text.
61302612/31/81
1345E Los Angeles Community College District
1000.2115: SCOPE OF REPRESENTATION; Reduction in Hours/Workday/Worktime/Workyear
The number of days in a work year is a negotiable matter because it affects hours and wages, subjects specifically listed within the scope of representation in EERA section 3543.2; p. 15, proposed dec. It is undisputed that by changing the counselors from D-basis to C-basis the District: shortened the number of days in their work year, reduced their pay, eliminated several holidays, changed the beginning and ending dates of their work year and reduced the rate at which they earn retirement credits. Plainly, the shortening of the work year affected the counselors' hours of work and pay, both mandatory subjects of bargaining; p. 16, proposed dec. more or view all topics or full text.
233016609/02/99
1353E East Side Union High School District
1000.2115: SCOPE OF REPRESENTATION; Reduction in Hours/Workday/Worktime/Workyear
The Arcata rule was not intended, and will be applied, to grant carte blanche authority to employers to change the hours of vacant bargaining unit positions unilaterally; p. 9. The employer may not unilaterally convert a vacant full-time, full-benefit position to multiple part-time, reduced-benefit positions at substantial labor cost savings and justify the action simply because the resulting part-time positions will provide a changed level of service; p. 10. Employer can adjust hours of a vacant position unilaterally if the changes are not primarily bases on wage and benefit cost considerations. more or view all topics or full text.
233017409/30/99