Decision 0322E – Alum Rock Union Elementary School District

SF-CE-170

Decision Date: June 27, 1983

Decision Type: PERB Decision

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Perc Vol: 7
Perc Index: 14184

Decision Headnotes

1202.00000 – REMEDIES FOR UNFAIR PRACTICES; FACTORS LIMITING OR TERMINATING LIABILITY
1202.01000 – In General

Remedy limited because exclusive representatives of the unit has changed since the charge was filed.

1000.00000 – SCOPE OF REPRESENTATION
1000.02091 – New Positions

Decision to create new classification to perform a function not previously performed, or to abolish a classification and cease engaging in the activity previously performed by employees in that classification need not be negotiated - but effects of its decision which fall within scope are negotiable. Citing Solano CO CCD (1982) PERB Dec. No. 219, and South Bay UnESD (1982) PERB Dec. No. 207.

1000.00000 – SCOPE OF REPRESENTATION
1000.02074 – Job Specifications

Change in job specifications that results in a change of such duties or qualifications is related to matters in scope.

1000.00000 – SCOPE OF REPRESENTATION
1000.02071 – Job Duties

Cites Rio Hondo CCD (1982) PERB Dec. No. 279 and Mt San Antonio CCD (1983) PERB Dec. No. 297.

1000.00000 – SCOPE OF REPRESENTATION
1000.02070 – Job Descriptions

Change in job specifications that results in a change of such duties or qualifications is related to matters in scope.

1000.00000 – SCOPE OF REPRESENTATION
1000.02040 – Elimination of Positions

Elimination of position and cessation of service is non-negotiable.

1000.00000 – SCOPE OF REPRESENTATION
1000.02019 – Classification of Employees

Decision to create new classification to perform a function not previously performed, or to abolish a classification and cease engaging in the activity previously performed by employees in that classification need not be negotiated - but effects of its decision which fall within scope are negotiable. Citing Solano CO CCD (1982) PERB Dec. No. 219, and South Bay UnESD (1982) PERB Dec. No. 207. Aspects of creation or abolition of classification which merely transfers existing functions and duties from one classification to another are negotiable. Retitle of position is negotiable.

1000.00000 – SCOPE OF REPRESENTATION
1000.01000 – In General; Test for Subjects Not Specifically Enumerated

Cites Anaheim test.

601.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000)
601.03000 – Decision vs Effects Bargaining

Decision to create new classification to perform a function not previously performed, or to abolish a classification and cease engaging in the activity previously performed by employees in that classification need not be negotiated - but effects of its decision which fall within scope are negotiable. Citing Solano County CCD (1982) PERB Dec. No. 219, and South Bay UnESD (1982) PERB Dec. No. 207.

1500.00000 – MISCELLANEOUS ISSUES; EDUCATION CODE
1500.03000 – Education Code Sections Considered by PERB (By Subject)

Education Code 45101(e) helps define reassignment to encompass the movement of employee from existing classification to a different or newly created classification.

1000.00000 – SCOPE OF REPRESENTATION
1000.02125 – Salaries or Wages

Salary adjustments for individual job classifications within same occupational group are negotiable. Classification plan which assigned new classification to salary ranges; changed salary ranges to existing classification or changes salary or any employees is negotiable.

1000.00000 – SCOPE OF REPRESENTATION
1000.02048 – Extra Duties

Assignment of extra duties is negotiable; p. 15.

1000.00000 – SCOPE OF REPRESENTATION
1000.02075 – Job Title

Classification plan and job titles are within scope of negotiations.

1000.00000 – SCOPE OF REPRESENTATION
1000.02085 – Management Rights

Includes right to - decision to create new classifications to perform a function not previously performed, or to abolish a classification and cease engaging in the activity previously performed by employees in that classification need not be negotiated - but effects of its decision which fall within scope are negotiable. Citing Solano County CCD (1982) PERB 219, and South Bay UnESD (1982) PERB 207.

1000.00000 – SCOPE OF REPRESENTATION
1000.02112 – Reassignments

Education Code 45101(e) helps define reassignment to encompass the movement of employee from existing classification to a different or newly created classification.

1000.00000 – SCOPE OF REPRESENTATION
1000.02113 – Reclassification of Positions

Decision to create new classification to perform a function not previously performed, or to abolish a classification and cease engaging in the activity previously performed by employees in that classification need not be negotiated - but effects of its decision which fall within scope are negotiable. Citing Solano CO CCD (1982) PERB Dec. No. 219, and South Bay UnESD (1982) PERB Dec. No. 207.

1000.00000 – SCOPE OF REPRESENTATION
1000.02126 – Salary Placement

Salary adjustments for individual job classifications within same occupational group are negotiable. Classification plan which assigned new classification to salary ranges; changed salary ranges of existing classification or changes salary of any employees is negotiable.

1000.00000 – SCOPE OF REPRESENTATION
1000.02146 – Transfer of Employee(s)

Decision to transfer duties from one classification to another is negotiable; p. 12.

1000.00000 – SCOPE OF REPRESENTATION
1000.02155 – Wages for Newly Created Position

Wages for newly created position are negotiable.