Decision 0375E – Healdsburg Union High School District and Healdsburg Union School District/San Mateo City School District
SF-CE-68, 36
Decision Date: January 5, 1984
Decision Type: PERB Decision
Perc Vol: 8
Perc Index: 15021
Decision Headnotes
1000.02164 – Other
Proposal requiring successor entity to be bound by pre-existing MOU nonnegotiable except to extent benefits protected by Education Code section 45118; p. 37. Conference expense stipends are negotiable; p. 23.
1000.02032 – Discrimination (Union Activity)
Conflicts over discrimination in employment are negotiable; p. 13.
608.04000 – Non-Bargaining Unit Employees; Inappropriate Bargaining Unit
Proposals regarding short term and restricted employees not negotiable since these employees not represented by exclusive representative; p. 41.
1000.02031 – Discrimination (Race, National Origin, Sex, Etc.)
Conflicts over discrimination in employment are negotiable; p. 13.
1000.02006 – Affirmative Action
Aspects of affirmative action plan which affect matters within scope of representation are negotiable; p. 14.
1000.02002 – Access – Subject of Bargaining
Access rights of exclusive representative negotiable; p. 17.
1000.02105 – Personnel Files/Employee Records
Provisions to review employee records are negotiable; p. 20.
1000.02128 – Seniority
Seniority list availability is negotiable; p. 20. Proposal requiring District to maintain a seniority roster negotiable; p. 65.
101.01000 – In General
The courts have consistently held that the existence of comprehensive legislation prohibiting both categorical discrimination and discrimination for union activity does not preclude enforcement of those rights through the collective bargaining process; p. 12.
102.02000 – Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes
To the extent Association's hold harmless proposal would extend employer's liability beyond that which is contemplated by Govt. Code section 825, it is nonnegotiable; p. 35. Supersession discussed in connection with Education Code sections 44015, 45118, 45103, 45105, 45101, 45308, 45308.21, 45117, 45113. 45015; Education Code section relating to awards is not inconsistent with participation of employee organization in formulation of rules and regulations pertaining to the awards; p. 32. 45118; To extent proposal binding successor entity is consistent with this section, it is negotiable; p. 37. 45103; Proposals concerning short-term and substitute employees not negotiable as they do not concern positions over which exclusive representative has authority to bargain; pp. 39, 42. 45105; Bargaining proposal regarding restricted employees which did representative has authority to bargain; pp. 39, 42. 45105; Bargaining proposal regarding restricted employees which did they were negotiable; pp. 51, 57. 45308; Section establishes an inflexible standard which precludes parties from negotiating definition of statutory terms "lack of work" and "lack of funds." To extent proposal attempted to establish such definitions through negotiating process, it was nonnegotiable; p. 54. Proposal to establish method of determining order of layoff of employees with equal class seniority not superceded by this section; p. 61. Proposal regarding reassignments and increases in hours after voluntary demotion negotiable; p. 64. 45308.21; Section does not supercede Association's right to negotiate order of layoffs; p. 59. 45117; Section establishes minimum notice to be accorded classified employees subject to layoff; p. 55. 45113; Section does not preclude negotiation on issue of binding employees subject to layoff; p. 55. 45113; Section does not preclude negotiation on issue of binding
401.04000 – Access – Union Right
In providing for a right of access to "other means of communication" besides those explicitly set forth in the subsection b of 3543.1, the legislature did not intend those explicitly cited means of access to be exhaustive; p. 19.
604.01000 – In General
Employer has duty to supply information to exclusive representative so long as information requested is both directly related to the union's function as bargaining representative and "reasonably necessary" for the performance of that function; p. 22.
1000.02117 – Released Time
Release time is negotiable; p. 23.
1000.02009 – Arbitration
Proposals regarding arbitration re negotiable matters are negotiable; p. 73.
1000.02005 – Advisory Committees
Advisory committee proposal nonnegotiable as being overbroad; p. 24. Advisory committee for in-service training program negotiable; p. 84.
1000.02026 – Contracting Out
Contracting out negotiable; p. 86.
1000.02147 – Transfer of Work Out of Unit
Transferring out bargaining unit work to non-unit members is negotiable; p. 43. Transfer of work out of unit is negotiable; p. 43.
1000.02034 – Distribution of Contract
Reproduction and distribution of contract at District's expense are nonnegotiable; p. 26.
1000.02085 – Management Rights
Proposal that management hold orientation on contract for excluded employees is nonnegotiable; p. 26.
1000.02073 – Job Representatives (Stewards)
Role of job stewards is negotiable; p. 28.
1000.02041 – Employee Expenses-Employee Assistance Program
Employee expenses are negotiable; p. 30.
1000.02003 – Achievement Awards
Achievement awards constitute compensation and are negotiable.
1000.02061 – Hold Harmless Clause
To extent that hold harmless clause proposal would extend the employer's liability beyond that which is contemplated by Govt. Code section 825, it is nonnegotiable; p. 35.
1000.02162 – Temporary/Short-term Employees
Proposals concerning short-term and substitute employees not negotiable as they do not concern positions over which exclusive representative has authority to bargain; p. 39, 42.
1000.02120 – Restricted Employees
Bargaining proposal regarding restricted employees which did not conflict with section 45105 is negotiable; p. 41.
1000.02138 – Substitute Employees
Proposal regarding substitute employees is nonnegotiable as pertaining to employees outside classified unit; p. 42.
1000.02165 – Statutory Rights
Inclusion in collective bargaining agreement of statutory rights established by EERA does not replace or set aside those provisions of Act, but augments and reinforces them; p. 18.
1000.02072 – Job – Information Distribution
Distribution of job information is negotiable; p. 43.
1000.02109 – Promotions
Promotional opportunities are negotiable except to extent they relate to vacancies occurring outside of unit; p. 45.
1000.02100 – Past Practices
Working conditions are negotiable; p. 81.
1000.02148 – Trip Assignments
Trip assignments are negotiable; p. 81.
1000.02145 – Training
Training is negotiable; p. 82.
1000.02019 – Classification of Employees
Proposal to place each position in class is negotiable as it reinterates requirement of Education Code section 45103. Decision to created new classification plan to perform function not previously performed or to abolish a classification and cease engaging in activity previously performed is managerial prerogative, but effects on matters within scope and aspects of plan which transfer existing functions and duties from one classification to another are negotiable; p. 47, 52.
1000.02113 – Reclassification of Positions
Proposal to place each position in class is negotiable as it reinterates requirement of Education Code section 45103. Decision to create new classification plan to perform function not previously performed or to abolish a classification and cease engaging in activity previously performed is managerial prerogative, but effects on matters within scope and aspects of plan which transfer existing functions and duties from one classification to another are negotiable; p. 47, 52.
1000.02114 – Reduced Workload
Proposals seeking to establish rights of incumbent employees to be assigned to reclassified positions and bumping rights are negotiable; p. 50, 60.
1000.02115 – Reduction in Hours/Workday/Worktime/Workyear
Reduction in work hours is negotiable.
1000.02116 – Re-employment Rights
Proposals to establish reemployment rights of employees in event of layoff are negotiable; p. 62. Notice of reemployment opening is negotiable; p. 66.
1000.02166 – Demotions
Proposals regarding criteria of imposing discipline are negotiable; pp. 67-69.
1000.02076 – Lay-Offs
Remedy for improper layoff tied to employee's lost salary and benefits negotiable; p. 67. Decision to layoff is managerial prerogative; management is obligated to negotiate the effects; p. 53. Proposal seeking to restrict layoffs to end of academic year impinged on management's express statutory authority under Education Code section 45117.
1000.02029 – Disciplinary Action
Proposals regarding criteria of imposing discipline negotiable; pp. 67-69. To extent proposal regarding downward adjustments (defined as demotions) was consistent with Education Code section 45101(d)(e), it was negotiable; p. 51.
1000.02030 – Disciplinary Procedures
Proposals regarding disciplinary procedures are negotiable; pp. 67-69.
1000.02107 – Preparation Time
Preparation time is negotiable; p. 108.
1000.02080 – Length of Work Day
Length of teachers' instructional day is negotiable; p. 109.
1500.02000 – Education Code Sections Considered by PERB (By Number)
44015; Education Code section relating to awards is not inconsistent with participation of employee organization in formulation of rules and regulations pertaining to the awards; p. 32. 45118; To extent proposal binding successor entity is consistent with this section, it is negotiable; p. 37. 45103; Proposals concerning short-term and substitute employees not negotiable as they do not concern positions over which exclusive representative has authority to bargain; p. 39, 42. 45105; Bargaining proposal regarding restricted employees which did not conflict with this section negotiable. 45101(d)(e)(g); To extent proposals consistent with statute, they were negotiable; p. 51, 57. 45308; Section establishes an inflexible standard which precludes parties from negotiating definition of statutory terms "lack of work" 45308; Section establishes an inflexible standard which precludes parties from negotiating definition of statutory terms "lack of work" p. 54. Proposal to establish method of determining order of layoff of employees with equal class seniority not supercede by this section; p. 61. Proposal re reassignments and increases in hours after voluntary demotion negotiable; p. 64. 45308.21; Section does not supercede Association's right to negotiate order of layoffs; p. 59. 45117; Section establishes minimum notice to be accorded classified employees subject to layoff; p. 55. 45113; Section does not preclude negotiation on issue of binding arbitration of disciplinary matters; p. 73.
1107.09000 – Retroactive Effect of Changes in Board Rulings
Where regulation does not have retroactive effect, decision must be governed by statute and regulations in effect at time controversy arose; p. 49.
1503.01000 – In General
Where regulation does not have retroactive effect, decision must be governed by statute and regulations in effect at time controversy arose; p. 49.
1503.02000 – Regulations Considered (By Number)
32871; Regulation is not retroactive. Regulation does not create an obligation to negotiate unit modification procedures nor does it cede to the parties PERB's statutory authority in this area; p. 49.
1406.00000 – In General
Mere execution of collective bargaining agreement subsequent to a hearing does not lead to a conclusion that the parties intended in that agreement to resolve the dispute. Agreement must show clear and unmistakable waiver of right to proceed on charge to warrant finding of mootness; p. 107.
602.01000 – In General
Per se violation of duty to negotiate in good faith may occur when an employer makes unilateral change; p. 108.
101.02000 – Conflicts Between PERB-Administered Laws and Other California Statutes; Education Code/Supersession; MMBA Supersession
To the extent Association's hold harmless proposal would extend employer's liability beyond that which is contemplated by Government Code section 825, it is nonnegotiable; p. 35. Supersession discussed in connection with Education Code sections 44015, 45118, 45103, 45105, 45101, 45308, 45308.21, 45117, 45113. 44015; Education Code section relating to awards is not inconsistent with participation of employee organization in formulation of rules and regulations pertaining to the awards; p. 32. 45118; To extent proposal binding successor entity is consistent with this section, it is negotiable; p. 37. 45103; Proposals concerning short-term and substitute employees not negotiable as they do not concern positions over which exclusive representative has authority to bargain; p. 39, 42. 45105; Bargaining proposal regarding restricted employees which did representative has authority to bargain; p. 39, 42. 45105; Bargaining proposal regarding restricted employees which did they were negotiable; p. 51, 57. 45308; Section establishes an inflexible standard which precludes parties from negotiating definition of statutory terms "lack of work" and "lack of funds." To extent proposal attempted to establish such definitions through negotiating process, it was nonnegotiable; p. 54. Proposal to establish method of determining order of layoff of employees with equal class seniority not superceded by this section; p. 61. Proposal regarding reassignments and increases in hours after voluntary demotion negotiable; p. 64. 45308.21; Section does not supercede Association's right to negotiate order of layoffs; p. 59. 45117; Section establishes minimum notice to be accorded classified employees subject to layoff; p. 55. 45113; Section does not preclude negotiation on issue of binding employees subject to layoff; p. 55. 45113; Section does not preclude negotiation on issue of binding
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession
Unless external law sets an inflexible standard or other immutable provision, bargaining over a proposal within the scope of representation should not be precluded. (pp. 6-7; see, e.g., PERB Decision No. 375 headnotes under Sections 101.01000, 101.02000, 102.02000.)