Decision 0177E – Anaheim Union High School District
Decision Date: October 28, 1981
Decision Type: PERB Decision
Perc Vol: 5
Perc Index: 12148
1000.02117 – Released Time
Released time, though not specifically enumerated in the EERA, is related to hours and wages. Released time furthers the legislative goal that negotiations proceed expeditiously. The determination of the amount of released time is not a managerial prerogative. Good faith negotiations is the proper method of resolving conflict on this issue. In section 3543.1(c) the Legislature established a minimum released-time standard against which the parties good faith in negotiations on the subject could be measured.
602.02000 – Prior Notice and Opportunity to Bargain
An employer is not entitled to unilaterally establish a released time policy from which negotiations begin. This would artificially divide a negotiable matter into negotiable and nonnegotiable components.
605.02000 – Insistence on Nonmandatory/Illegal Subjects (See also Scope of Representation, Sec 1000)
Employer may not insist on proposal that costs of released time be passed on to the union. Such an approach would allow employer to evade its statutory obligation to grant released time.
1000.01000 – In General; Test for Subjects Not Specifically Enumerated
A subject is negotiable, even though not specifically enumerated, if (1) it is logically and reasonably related to hours, wages or an enumerated term and condition of employment, (2) the subject is of such concern to both management and employees that conflict is likely to occur and the mediatory influence of collective negotiations is the appropriate means of resolving the conflict, and (3) the employer's obligation to negotiate would not significantly abridge his freedom to exercise those managerial prerogatives (including matters of fundamental policy) essential to the achievement of the district's mission.