Decision 0146E – San Francisco Community College District
Decision Date: November 25, 1980
Decision Type: PERB Decision
Perc Vol: 4
Perc Index: 11199
1103.12000 – Concurrent or Derivative Violations
Unilateral change in negotiable subject denies employee organization the right to represent its member and is concurrent violation of section 3543.5(b). Same act also violates section 3543.5(a) by interfering with employee rights to exercise their right to representation.
608.05000 – Past Practice; Maintenance of Status Quo
Stipends for serving as department chair may not be removed unilaterally once they become a regular and expected part of employee compensation. Employer's claim that employees no longer perform additional duties by serving as department chairs is negotiating argument.
608.03000 – Business Necessity; Emergency Exception
Fears of economic problems in the wake of passage of Proposition 13 do not justify employer's unilateral elimination of supervisory stipends, certain fringe benefits and salary step increments.