Decision 0175E – Sutter Union High School District
Decision Date: October 7, 1981
Decision Type: PERB Decision
Perc Vol: 5
Perc Index: 12128
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.
608.07000 – 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.
608.03000 – 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.