All notes for Subtopic 1000.02125 – Salaries or Wages

DecisionDescriptionPERC Vol.PERC IndexDate
2772Ma County of Sonoma
1000.02125: SCOPE OF REPRESENTATION; Salaries or Wages
Several disputed Measure P provisions significantly and adversely affected Association-represented employees’ working conditions by creating a second, independent investigatory path. While a second independent investigation may or may not ultimately lead to an officer’s discipline, employees would reasonably view it as significantly and adversely affecting wages and promotional opportunities. Hearing testimony established that an officer who is under investigation will not be appointed to a specialty assignment or promoted. In such circumstances, the officer would not receive additional pay that comes with the specialty assignment or promotion, and the loss of the specialty assignment or promotional opportunity could adversely impact the officer’s career development. In addition, Measure P adversely affects Association-represented employees’ wages regardless of whether they are the subject of the investigation or only a witness, as the measure is silent about whether any employee subpoenaed by the second investigatory body to testify in an investigation will be paid if the interview takes place outside of the employee’s duty hours. The several challenged Measure P amendments allowing repeat investigations of the same officers over an extended period—thereby significantly and adversely affecting their career trajectory—are prime examples of changes for which the benefit of collective bargaining outweighs the short delay caused by requiring negotiations. (pp. 21, 26.) more or view all topics or full text.
4712702/28/23
2772M County of Sonoma * * * VACATED IN PART by County of Sonoma (2023) PERB Decision No. 2772a-M * * *
1000.02125: SCOPE OF REPRESENTATION; Salaries or Wages
A ballot measure authorized the county’s police review agency to have direct, unfettered access to witnesses without indicating whether Association-represented witnesses would be paid during the interview. Similarly, the requirement of the Sheriff’s Office to provide the police review agency with supervisors of an employee subject to an investigation but does not specify whether any such Association-represented supervisor will be paid during any discussion with the police review agency. These provisions accordingly were within scope and subject to effects bargaining. (p. 46.) more or view all topics or full text.
46806/23/21
2745M County of Sacramento
1000.02125: SCOPE OF REPRESENTATION; Salaries or Wages
Wages are within the scope of representation. (p. 20.) more or view all topics or full text.
453909/18/20
2504E Anaheim Union High School District
1000.02125: SCOPE OF REPRESENTATION; Salaries or Wages
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
2464M City of San Diego * * * Affirmed, 5 Cal.5th 898 (2018). Remedy modified by City of San Diego (2019) PERB Decision No. 2464a-M * * *
1000.02125: SCOPE OF REPRESENTATION; Salaries or Wages
The MMBA’s scope of representation is not preempted by the local initiative process. An employer’s duty to meet and confer requires that it give notice and opportunity to meet and confer before it places before voters measures affecting employee pension benefits or other negotiable subjects. more or view all topics or full text.
4010812/29/15
2427M County of San Luis Obispo
1000.02125: SCOPE OF REPRESENTATION; Salaries or Wages
Where pension plan provisions relied on by the unions did not confer any right to “permanency” in employee benefits or contribution formulas, unions failed to show that proposed changes to employee pension contribution formulas affected “vested rights” beyond the scope of mandatory bargaining. Because no vested rights were identified, the Board declined to consider whether, or under what circumstances, vested rights may be modified through collective bargaining. more or view all topics or full text.
3917606/03/15
2048E San Francisco Unified School District * * * OVERRULED IN PART by Rio Hondo Community College District (2013) PERB Decision No. 2313-E
1000.02125: SCOPE OF REPRESENTATION; Salaries or Wages
* * * OVERRULED IN PART ON OTHER GROUNDS by Rio Hondo Community College District (2013) PERB Decision No. 2313-E. * * *Employer-provided or subsidized parking is an emolument of value gained in the course of employment and therefore constitutes wages. Allegation that change in reporting location would require employee to pay for parking did not establish a change in wages because no allegation that employer had previously provided employee parking or that employee had actually paid to park as a result of the change. more or view all topics or full text.
3312306/30/09
1584H Trustees of the California State University (San Marcos)
1000.02125: SCOPE OF REPRESENTATION; Salaries or Wages
Board has long interpreted the term “wages” to include more than an employee’s hourly, weekly or piece work compensation. Board has followed the definition of “wages” under the NLRA, which defines “wages” to include emoluments of value. more or view all topics or full text.
286101/13/04
1296S State of California (Department of Personnel Admin)
1000.02125: SCOPE OF REPRESENTATION; Salaries or Wages
Travel and mileage reimbursement rates are related to the enumerated subject wages and are subjects well-suited to the mediatory influence of negotiations for resolution of disputes. Absent evidence that negotiations over these subjects would significantly abridge an employer's ability to exercise its functions, therefore, they are negotiable; p. 21, proposed dec. more or view all topics or full text.
233000910/22/98
1291S State of California (Department of Motor Vehicles)
1000.02125: SCOPE OF REPRESENTATION; Salaries or Wages
Performance standards "suggest rewards for attaining, and discipline for failure to attain, such standards." Accordingly, they are related to wages and, therefore, negotiable; p. 8, proposed dec. Memorandum expressing management's "expectations" implicitly notified employees that failure to attain expections would result in discipline. Thus, "expectations" constituted performance standards; p. 10, proposed dec. more or view all topics or full text.
222917310/09/98
1188H Regents of the University of California (University Professional and Technical Employees)
1000.02125: SCOPE OF REPRESENTATION; Salaries or Wages
During the post-election, pre-certification period, the employer must exercise caution in making wage changes. The employer may not change wage rates to avoid a bargaining obligation after certification, but may make a change that is clearly justified by factors other than the pendency of the certification; p. 32. more or view all topics or full text.
212806703/19/97
1103E Laguna Salada Union School District
1000.02125: SCOPE OF REPRESENTATION; Salaries or Wages
The 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.
192609505/11/95
1090E Norris School District
1000.02125: SCOPE OF REPRESENTATION; Salaries or Wages
Salary adjustments for individual job classifications within the same occupational group are negotiable; p. 15, proposed dec. more or view all topics or full text.
192606803/16/95
0766E Cajon Valley Union School District
1000.02125: SCOPE OF REPRESENTATION; Salaries or Wages
Positions already assigned wage ranges in a collective bargaining agreement cannot be unilaterally reassigned upon the recommendation of a personnel commission where the exclusive representative did not consent; p. 3. more or view all topics or full text.
132019809/15/89
0723E San Bernardino City Unified School District
1000.02125: SCOPE OF REPRESENTATION; Salaries or Wages
Sonoma, 102 Cal.App.3d 689, decision's holding that Ed. Code section 45268 does not limit the governing school district board's authority to negotiate changes in salary differentials remains undisturbed by 1981 amendments to Ed. Code section 45256; p. 4. more or view all topics or full text.
132006003/03/89
0646E Lake Elsinore School District * * * OVERRULED by State of California (Department of Agriculture) (2002) PERB Decision No. 1473-S
1000.02125: SCOPE OF REPRESENTATION; Salaries or Wages
* * * OVERRULED IN PART ON OTHER GROUNDS by State of California (Department of Agriculture) (2002) PERB Decision No. 1473-S. * * *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
0360E Arcohe Union School District
1000.02125: SCOPE OF REPRESENTATION; Salaries or Wages
Subcontracting is related to wages and salaries, and is negotiable under Anaheim test. more or view all topics or full text.
71429411/23/83
0357E Calexico Unified School District
1000.02125: SCOPE OF REPRESENTATION; Salaries or Wages
Step and column increases are within wages and within scope. more or view all topics or full text.
71429111/22/83
0345E Sierra Joint Community College District
1000.02125: SCOPE OF REPRESENTATION; Salaries or Wages
District required to place the union's management consultant proposal on a public board meeting's agenda because the proposal would address cost-of-living wage adjustments and the employee representative did not intend to negotiate with trustees on the subject; pp. 14-15. more or view all topics or full text.
71425509/22/83
0325E Long Beach Unified School District
1000.02125: SCOPE OF REPRESENTATION; Salaries or Wages
Salaries are negotiable. more or view all topics or full text.
71419307/08/83
0322E Alum Rock Union Elementary School District
1000.02125: SCOPE OF REPRESENTATION; Salaries or Wages
Salary adjustments for individual job classifications within same occupational group are negotiable. Classification plan which assigned new classification to salary ranges; changed salary ranges to existing classification or changes salary or any employees is negotiable. more or view all topics or full text.
71418406/27/83
0279E Rio Hondo Community College District
1000.02125: SCOPE OF REPRESENTATION; Salaries or Wages
Unlawful unilateral change where District altered method of compensating instructors for teaching summer school (p. 20) and altered class size policy; p. 22. more or view all topics or full text.
71403612/31/82
0206E Moreno Valley Unified School District
1000.02125: SCOPE OF REPRESENTATION; Salaries or Wages
Unilateral elimination of stipends is violation; p. 11-12. more or view all topics or full text.
61310704/30/82
0116E Davis Unified School District/New Haven Unified School District/Newark Unified School District/State Center Community College District/Centinela Valley Union High School District
1000.02125: SCOPE OF REPRESENTATION; Salaries or Wages
Step and column salary increase freeze within scope; pp. 8-9. more or view all topics or full text.
41103102/22/80
0040E Sonoma County Office of Education
1000.02125: SCOPE OF REPRESENTATION; Salaries or Wages
Employer must negotiate individual salary as long as the relationship between job classifications in the same occupational group is not changed. more or view all topics or full text.
158811/23/77