All notes for Subtopic 1000.02117 – Released Time
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 3006M |
County of San Diego
1000.02117: SCOPE OF REPRESENTATION; Released Time
San Mateo County Community College District (1993) PERB Decision No. 1030 (San Mateo) held that a union cannot prevail in a PERB charge alleging that its negotiated agreement provides a substandard “quantity” of release time. (Id. at p. 16 (emphasis supplied).) County of Riverside (2013) PERB Decision No. 2307-M (Riverside I) clarified San Mateo in an important respect, limiting its holding to its specific context—a union challenging an agreement’s provision as to the quantity of allowable release time. (Id. at pp. 29-30.) Taking San Mateo and Riverside I together, the Board further clarified that a union cannot challenge an operative collective bargaining agreement setting the number of employees released for bargaining or the quantity of allowable release time, as those topics are bargainable. In contrast, the right to receive release time without loss of compensation or other benefits is a non-waivable minimum statutory guarantee. (pp. 7-8.) more or view all topics or full text. |
50 | 124 | 02/17/26 |
| 3006M |
County of San Diego
1000.02117: SCOPE OF REPRESENTATION; Released Time
MMBA section 3505.3 is one of multiple PERB-administered statutes requiring employers to provide reasonable release time to a reasonable number of employees, without loss of compensation or benefits. The number of employees released and/or the amount of release time provided are bargainable. However, the requirement that release time be provided without loss of compensation and benefits constitutes a measurable, non-waivable minimum statutory guarantee. (County of Riverside (2013) PERB Decision No. 2307-M, pp. 29-30.) (p. 8.) more or view all topics or full text. |
50 | 124 | 02/17/26 |
| 3006M |
County of San Diego
1000.02117: SCOPE OF REPRESENTATION; Released Time
MMBA section 3505.3 is one of multiple PERB-administered statutes requiring employers to provide reasonable release time to a reasonable number of employees, without loss of compensation or benefits. For those two aspects of release time, the PERB-administered statutes provide an enforceable statutory right in the absence of any collective bargaining agreement, but if an operative agreement specifies the number of employees to be released, then it controls as to that specific term, and the same is true if there is operative agreement as to the number of days or hours of release time afforded. (San Mateo County Community College District (1993) PERB Decision No. 1030, pp. 14-16.) Indeed, this principle is true irrespective of whether the governing statute includes a provision stating that an operative agreement will control as to the number of employees released and/or the amount of release time provided; certain PERB-administered statutes include such a provision while other statutes do not, but PERB interprets these disparate laws in the same manner. (Ibid.) (pp. 7-8.) more or view all topics or full text. |
50 | 124 | 02/17/26 |
| 2966E |
Pomona Unified School District
1000.02117: SCOPE OF REPRESENTATION; Released Time
Reimbursement for the cost of release time falls within the scope of representation. (See, e.g., Centinela Valley Union High School District (2014) PERB Decision No. 2378, p. 8 [repudiation of release time provision in a CBA falls squarely within PERB’s jurisdiction].) (p. 10.) more or view all topics or full text. |
50 | 3 | 05/27/25 |
| 2627E |
Oroville Union High School District * * * PARTIALLY VACATED by Oroville Union High School District (2019) PERB Decision No. 2627a * * *
1000.02117: SCOPE OF REPRESENTATION; Released Time
* * * VACATED IN PART ON OTHER GROUNDS by Oroville Union High School District (2021) PERB Decision No. 2627a * * *
Time necessary to prepare for negotiations is a part of the negotiations process and, thus, qualifies for statutory released time under EERA section 3543.1, subdivision (c), subject to reasonableness and any agreement between the parties. more or view all topics or full text. |
43 | 141 | 02/22/19 |
| 2611M |
County of Orange
1000.02117: SCOPE OF REPRESENTATION; Released Time
Union release time falls within the scope of representation because of its relationship to employer-employee relations and its direct impact on employees’ wages and hours of employment. (p. 11.) more or view all topics or full text. |
43 | 101 | 12/19/18 |
| 2378E |
Centinela Valley Union High School District
1000.02117: SCOPE OF REPRESENTATION; Released Time
Employee release time pertains to a matter within the scope of representation; therefore release time for elected union officials is negotiable. more or view all topics or full text. |
39 | 7 | 06/17/14 |
| 2111S |
State of California (Department of Corrections and Rehabilitation, Avenal State Prison)
1000.02117: SCOPE OF REPRESENTATION; Released Time
Paid release time is a negotiable subject under the Dills Act. Release time is related to the enumerated subjects of wages and hours. more or view all topics or full text. |
34 | 91 | 06/03/10 |
| 1886H |
Trustees of the California State University
1000.02117: SCOPE OF REPRESENTATION; Released Time
Released time is a negotiable matter. The Board’s holding in Willits Unified School District (1991) PERB Decision No. 912 (that the District violated EERA when it failed to grant paid released time to a union representative to attend a PERB settlement conference concerning an unfair practice charge) was not determinative here. In this case, the record does not indicate that the informal conference was an extension of the parties' negotiations, as was the case in Willits. more or view all topics or full text. |
31 | 65 | 02/20/07 |
| 1030E |
San Mateo County Community College District * * * CLARIFIED by County of San Diego (2026) PERB Decision No. 3006-M and County of Riverside (2013) PERB Decision No. 2307-M * * *
1000.02117: SCOPE OF REPRESENTATION; Released Time
*** CLARIFIED by County of San Diego (2026) PERB Decision No. 3006-M and County of Riverside (2013) PERB Decision No. 2307-M: A union cannot challenge an operative collective bargaining agreement setting the number of employees released for bargaining or the quantity of allowable release time, as those topics are bargainable. In contrast, the right to receive release time without loss of compensation or other benefits is a non-waivable minimum statutory guarantee.***
The Board found that a negotiated provision on released time is not subject to a further level of review or scrutiny under EERA section 3543.1(c) when the unfair practice charge is filed after an agreement is in effect; pp. 16-17. The EERA provisions concerning released time are applicable at the onset of first time negotiations in order to ensure the ability to get to the negotiating table and in subsequent years when there are no controlling provisions of released time from prior agreements in operation; p. 17. Released time is a mandatory subject of bargaining and also a statutory right under EERA. Insistence upon negotiations on a mandatory subject of bargaining is not a per se violation of the duty to bargain under the theory of conditional bargaining; p. 18. Use of comparative data unnecessary as Board finds a per se violation to bargain under the theory of conditional bargaining; p. 18. Use of comparative data unnecessary as Board finds a per se violation more or view all topics or full text. |
18 | 25027 | 12/28/93 |
| 0900S |
State of California, Department of Personnel Administration (Professional Engineers in California Government)
1000.02117: SCOPE OF REPRESENTATION; Released Time
Board holds that ground rules/released time is a mandatory subject of bargaining. more or view all topics or full text. |
15 | 22151 | 09/13/91 |
| 0867E |
Los Rios Community College District
1000.02117: SCOPE OF REPRESENTATION; Released Time
Released time is a mandatory subject of negotiations. W.L., pp. 1-2. Agency fee cases and regulations are inapposite in evaluating the merits of an unfair practice charge involving released time. D.L., p. 2. Neither EERA nor existing caselaw requires an employer supervise or verify a union's use of negotiated released time. more or view all topics or full text. |
15 | 22040 | 02/13/91 |
| 0790E |
Compton Community College District
1000.02117: SCOPE OF REPRESENTATION; Released Time
Released time is within the scope of bargaining. more or view all topics or full text. |
14 | 21051 | 02/06/90 |
| 0640H |
Regents of the University of California
1000.02117: SCOPE OF REPRESENTATION; Released Time
Coverage of classes during released time not negotiable. more or view all topics or full text. |
12 | 19007 | 12/10/87 |
| 1954E |
Berkeley Unified School District
1000.02117: SCOPE OF REPRESENTATION; Released Time
The Board found that the District did not engage in bad faith bargaining when it refused to agree to apply Education Code section 45210 and section 3543.1(c) of EERA to the president of the union. The Board held that it is not possible for an employee on leave under the Education Code to be released under EERA because the employee is already on leave. The District maintained a firm position regarding its released time proposal. more or view all topics or full text. |
32 | 73 | 04/21/08 |
| 0474E |
Davis Joint Unified School District
1000.02117: SCOPE OF REPRESENTATION; Released Time
Bad faith bargaining found where District refused to negotiate release time for bargaining team members; pp. 25-26. more or view all topics or full text. |
9 | 16045 | 12/31/84 |
| 0471E |
Gilroy Unified School District
1000.02117: SCOPE OF REPRESENTATION; Released Time
Violation for District to refuse to negotiate paid release time for members of "mixed" negotiating team (both classified & certificated members) where no evidence of coalition/merged bargaining; pp. 14-16. more or view all topics or full text. |
9 | 16042 | 12/28/84 |
| 0375E |
Healdsburg Union High School District and Healdsburg Union School District/San Mateo City School District
1000.02117: SCOPE OF REPRESENTATION; Released Time
Release time is negotiable; p. 23. more or view all topics or full text. |
8 | 15021 | 01/05/84 |
| 0291E |
Modesto City Schools
1000.02117: SCOPE OF REPRESENTATION; Released Time
Inflexible refusal to grant released time is a refusal to bargain and denial of rights guaranteed to the employee organization; p. 45. more or view all topics or full text. |
7 | 14090 | 03/08/83 |
| 0179E |
Sierra Joint Community College District
1000.02117: SCOPE OF REPRESENTATION; Released Time
Community college faculty proposal for a one-fifth reduction in the normal 15-hour teaching load for instructors on negotiating team is within scope as being related to hours. Restricting negotiating over released time to only those hours. ". . .when meeting and negotiating" at the table reads section 3543.1 too narrowly. Negotiations includes more than time spent actually at the negotiating table. Evidence of the amount of released time granted in neighboring school districts is relevant to show whether union proposal was "reasonable." more or view all topics or full text. |
5 | 12150 | 11/05/81 |
| 0177E |
Anaheim Union High School District
1000.02117: SCOPE OF REPRESENTATION; Released Time
Released time, though not specifically enumerated in the EERA, is related to hours and wages. Released time furthers the legislative goal that negotiations proceed expeditiously. The determination of the amount of released time is not a managerial prerogative. Good faith negotiations is the proper method of resolving conflict on this issue. In section 3543.1(c) the Legislature established a minimum released-time standard against which the parties good faith in negotiations on the subject could be measured. more or view all topics or full text. |
5 | 12148 | 10/28/81 |
| 0128E |
Rio Hondo Community College District
1000.02117: SCOPE OF REPRESENTATION; Released Time
Release time need only be negotiated with exclusive rep.; pp. 15-17. more or view all topics or full text. |
4 | 11089 | 05/19/80 |
| 0912E |
Willits Unified School District
1000.02117: SCOPE OF REPRESENTATION; Released Time
Released time is a negotiable matter; p. 13, proposed dec. more or view all topics or full text. |
16 | 23002 | 12/05/91 |