Decision 0360E – Arcohe Union School District

S-CE-428

Decision Date: November 23, 1983

Decision Type: PERB Decision

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Perc Vol: 7
Perc Index: 14294

Decision Headnotes

101.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES
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.

1500.00000 – MISCELLANEOUS ISSUES; EDUCATION CODE
1500.02000 – Education Code Sections Considered by PERB (By Number)

Education Code section 45103 does not preclude bargaining over custodial services.

1205.00000 – REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS
1205.07000 – Restoration of Status Quo

Full restoration of status quo not ordered in subcontracting situation.

1201.00000 – REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS
1201.02000 – Reinstatement

Board declines to order reinstatement of employees terminated after school board subcontracts custodial services.

1201.00000 – REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS
1201.01000 – In General

Where board orders recision of subcontract, it does not order reinstatement of terminated employees.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.10000 – Request for Reconsideration

Request for reconsideration granted for limited purpose.

1000.00000 – SCOPE OF REPRESENTATION
1000.02137 – Subcontracting

Subcontracting unit work is within scope.

1000.00000 – SCOPE OF REPRESENTATION
1000.02085 – Management Rights

Management has right to determine unilaterally, levels of services to be provided.

1000.00000 – SCOPE OF REPRESENTATION
1000.02064 – Hours of Work

Subcontracting is related to hours of employment.

1000.00000 – SCOPE OF REPRESENTATION
1000.02026 – Contracting Out

Subcontracting custodial services is within scope.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
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.

1000.00000 – SCOPE OF REPRESENTATION
1000.02125 – Salaries or Wages

Subcontracting is related to wages and salaries, and is negotiable under Anaheim test.

1000.00000 – SCOPE OF REPRESENTATION
1000.02109 – Promotions

Subcontracting is related to promotions, and is negotiable under Anaheim test.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.02000 – Prior Notice and Opportunity to Bargain

Employer obliged to give notice and opportunity to bargain subcontracting of custodial services.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.01000 – In General

Employer's unilateral subcontracting of custodial services is per se violation.

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

Custodial services mandated by Education Code 45103 does not preclude bargaining.