Decision 0360E – Arcohe Union School District
Decision Date: November 23, 1983
Decision Type: PERB Decision
Perc Vol: 7
Perc Index: 14294
101.02000 – Conflicts Between PERB-Administered Laws and Other California Statutes; Education Code/Supersession; MMBA Supersession
Education Code mandating custodial services by classified employees does not preclude bargaining on issues related to such service.
602.01000 – In General
Employer's unilateral subcontracting of custodial services is per se violation.
602.02000 – Prior Notice and Opportunity to Bargain
Employer obliged to give notice and opportunity to bargain subcontracting of custodial services.
1000.02109 – Promotions
Subcontracting is related to promotions, and is negotiable under Anaheim test.
1000.02125 – Salaries or Wages
Subcontracting is related to wages and salaries, and is negotiable under Anaheim test.
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession
Union does not waive right to bargain subcontracting where it does not get notice before the subcontracting occurs. Employee member of unit seeing item on board agenda two days before board action is not notice.
1000.02026 – Contracting Out
Subcontracting custodial services is within scope.
1000.02064 – Hours of Work
Subcontracting is related to hours of employment.
1000.02085 – Management Rights
Management has right to determine unilaterally, levels of services to be provided.
1000.02137 – Subcontracting
Subcontracting unit work is within scope.
1107.10000 – Request for Reconsideration
Request for reconsideration granted for limited purpose.
1201.01000 – In General
Where board orders recision of subcontract, it does not order reinstatement of terminated employees.
1201.02000 – Reinstatement
Board declines to order reinstatement of employees terminated after school board subcontracts custodial services.
1205.07000 – Restoration of Status Quo
Full restoration of status quo not ordered in subcontracting situation.
1500.02000 – Education Code Sections Considered by PERB (By Number)
Education Code section 45103 does not preclude bargaining over custodial services.
1500.03000 – Education Code Sections Considered by PERB (By Subject)
Custodial services mandated by Education Code 45103 does not preclude bargaining.