Decision 0175E – Sutter Union High School District

S-CE-182

Decision Date: October 7, 1981

Decision Type: PERB Decision

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Perc Vol: 5
Perc Index: 12128

Decision Headnotes

1000.00000 – SCOPE OF REPRESENTATION
1000.02078 – Length of Instructional Day

A change from five-period teaching day to a six-period teaching day affected hours, a matter within the scope of representation. The change caused teachers to have more students which lengthened the work hours needed to prepare, write exams and grade papers.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession

Union did not waive right to negotiate about employer change of work day from five periods to six periods. School district employer gave union no reasonable opportunity to negotiate over the issue. Employer ignored union's two requests to negotiate.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.03000 – Business Necessity; Emergency Exception

School employer contention that it had to increase length of school day in order to meet University of California admission standards and is rejected. School district, knowing it must make curriculum change, cannot sit back until last minute and then make change unilaterally.