All notes for Subtopic 1000.02134 – Staffing Practice
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 2112I | Los Angeles Superior Court 1000.02134: SCOPE OF REPRESENTATION; Staffing Practice The charge failed to state a prima facie case for unlawful unilateral change, where the alleged changes were outside the scope of representation. Union alleged the employer made changes in practice by eliminating nine regular court interpreter assignments and leaving vacancies in daily as-needed assignments unfilled. The Court Interpreter Act specifically provides that the “delivery of court services” is outside the scope of representation, and the Board has held that an employer’s determination of staff or service levels is not within the scope of representation. A matter outside scope does not become a mandatory subject of bargaining because the parties negotiate over it or even reach an agreement. Charge fails to establish a prima facie case where the charge merely states that the employer made staffing decisions based on unlawful animus and not legitimate business reasons. A charging party has the burden to allege the “who, what, when, where and how” of an unfair practice. Mere legal conclusions are not sufficient to state a prima facie case. more or view all topics or full text. | 34 | 94 | 06/07/10 |
| 1333H | Trustees of the California State University (California Faculty Association) 1000.02134: SCOPE OF REPRESENTATION; Staffing Practice Proposal limiting the number of new temporary employees is within scope. more or view all topics or full text. | 23 | 30129 | 06/25/99 |
| 1106E | Moreno Valley Unified School District 1000.02134: SCOPE OF REPRESENTATION; Staffing Practice Staffing pattern determinations are managerial prerogatives, not subject to negotiations. Such determinations, however, do not include changes of the shifts of individual employees once the initial assignment has been made by the employer. The right to set staffing patterns is not a clear and unmistakable waiver of the right to negotiate shift changes; p. 10, proposed dec. more or view all topics or full text. | 19 | 26099 | 05/19/95 |
| 1090E | Norris School District 1000.02134: SCOPE OF REPRESENTATION; Staffing Practice 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 abolish a classification and cease engaging in the activity previously performed by employees in that classification is a managerial prerogative; p. 12, proposed dec. more or view all topics or full text. | 19 | 26068 | 03/16/95 |
| 1047E | Redwoods Community College District * * * OVERRULED BY Pittsburg Unified School District (2022) PERB Decision No. 2833-E * * * 1000.02134: SCOPE OF REPRESENTATION; Staffing Practice * * * OVERRULED BY Pittsburg Unified School District (2022) PERB Decision No. 2833-E, where the Board held that rehiring, reelection, course assignment processes, and work hours for temporary teachers are within the scope of representation. Furthermore, pursuant to the dynamic status quo doctrine, an employer is not permitted to make discretionary changes on these topics merely because it has done so in the past. * * *The district's adoption of a policy affecting the hiring of part-time, temporary instructors in future semesters was consistent with its established past practice, and represented an exercise of its management prerogative concerning hiring, organization and assignment of work; p. 18. more or view all topics or full text. | 18 | 25097 | 05/26/94 |
| 1221H | Regents of the University of California (Lawrence Livermore) * * * OVERRULED IN PART BY The Accelerated Schools (2023) PERB Decision No. 2855 * * * 1000.02134: SCOPE OF REPRESENTATION; Staffing Practice * * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *Although the University's decision to reduce staffing in the Superblock was outside of the scope of representation, the University had an obligation to meet and negotiate over all reasonably foreseeable effects thereof; pp. 6-7. more or view all topics or full text. | 21 | 28161 | 09/26/97 |
| 0393E | Davis Joint Unified School District * * * Overruled in part by County of Santa Clara (2022) PERB Decision No. 2820-M, p. 7 and Cerritos Community College District (2022) PERB Decision No. 2819, p. 31 * * * 1000.02134: SCOPE OF REPRESENTATION; Staffing Practice * * * OVERRULED IN PART ON OTHER GROUNDS by County of Santa Clara (2022) PERB Decision No. 2820-M and Cerritos Community College District (2022) PERB Decision No. 2819. * * *Proposal to establish fixed ratio per school of reading teachers, librarians, art teachers, psychologists and music teachers is negotiable if designed to set caseload rather than staffing patterns. Proposal was ambiguous but employer failed to exercise obligation to seek clarification; pp. 24-24. more or view all topics or full text. | 8 | 15136 | 08/02/84 |
| 0361S | State of California (Department of Transportation) 1000.02134: SCOPE OF REPRESENTATION; Staffing Practice Changes in staffing practices are within the scope of representation; p. 14. more or view all topics or full text. | 7 | 14295 | 11/28/83 |
| 0326E | Oakland Unified School District * * * OVERRULED IN PART by The Accelerated Schools (2023) PERB Decision No. 2855 * * * 1000.02134: SCOPE OF REPRESENTATION; Staffing Practice Elimination of positions. Union proposal to lay off one employee in lieu of another is in contravention of employer decision to lay off, and therefore nonnegotiable; p. 32. more or view all topics or full text. | 7 | 14195 | 07/11/83 |