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

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Perc Vol: 8
Perc Index: 15021

Decision Headnotes

1000.00000 – SCOPE OF REPRESENTATION
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.

1000.00000 – SCOPE OF REPRESENTATION
1000.02032 – Discrimination (Union Activity)

Conflicts over discrimination in employment are negotiable; p. 13.

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

1000.00000 – SCOPE OF REPRESENTATION
1000.02031 – Discrimination (Race, National Origin, Sex, Etc.)

Conflicts over discrimination in employment are negotiable; p. 13.

1000.00000 – SCOPE OF REPRESENTATION
1000.02006 – Affirmative Action

Aspects of affirmative action plan which affect matters within scope of representation are negotiable; p. 14.

1000.00000 – SCOPE OF REPRESENTATION
1000.02002 – Access – Subject of Bargaining

Access rights of exclusive representative negotiable; p. 17.

1000.00000 – SCOPE OF REPRESENTATION
1000.02105 – Personnel Files/Employee Records

Provisions to review employee records are negotiable; p. 20.

1000.00000 – SCOPE OF REPRESENTATION
1000.02128 – Seniority

Seniority list availability is negotiable; p. 20. Proposal requiring District to maintain a seniority roster negotiable; p. 65.

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

102.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION
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

401.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS
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.

604.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION
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.

1000.00000 – SCOPE OF REPRESENTATION
1000.02117 – Released Time

Release time is negotiable; p. 23.

1000.00000 – SCOPE OF REPRESENTATION
1000.02009 – Arbitration

Proposals regarding arbitration re negotiable matters are negotiable; p. 73.

1000.00000 – SCOPE OF REPRESENTATION
1000.02005 – Advisory Committees

Advisory committee proposal nonnegotiable as being overbroad; p. 24. Advisory committee for in-service training program negotiable; p. 84.

1000.00000 – SCOPE OF REPRESENTATION
1000.02026 – Contracting Out

Contracting out negotiable; p. 86.

1000.00000 – SCOPE OF REPRESENTATION
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.

1000.00000 – SCOPE OF REPRESENTATION
1000.02034 – Distribution of Contract

Reproduction and distribution of contract at District's expense are nonnegotiable; p. 26.

1000.00000 – SCOPE OF REPRESENTATION
1000.02085 – Management Rights

Proposal that management hold orientation on contract for excluded employees is nonnegotiable; p. 26.

1000.00000 – SCOPE OF REPRESENTATION
1000.02073 – Job Representatives (Stewards)

Role of job stewards is negotiable; p. 28.

1000.00000 – SCOPE OF REPRESENTATION
1000.02041 – Employee Expenses-Employee Assistance Program

Employee expenses are negotiable; p. 30.

1000.00000 – SCOPE OF REPRESENTATION
1000.02003 – Achievement Awards

Achievement awards constitute compensation and are negotiable.

1000.00000 – SCOPE OF REPRESENTATION
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.

1000.00000 – SCOPE OF REPRESENTATION
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.

1000.00000 – SCOPE OF REPRESENTATION
1000.02120 – Restricted Employees

Bargaining proposal regarding restricted employees which did not conflict with section 45105 is negotiable; p. 41.

1000.00000 – SCOPE OF REPRESENTATION
1000.02138 – Substitute Employees

Proposal regarding substitute employees is nonnegotiable as pertaining to employees outside classified unit; p. 42.

1000.00000 – SCOPE OF REPRESENTATION
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.

1000.00000 – SCOPE OF REPRESENTATION
1000.02072 – Job – Information Distribution

Distribution of job information is negotiable; p. 43.

1000.00000 – SCOPE OF REPRESENTATION
1000.02109 – Promotions

Promotional opportunities are negotiable except to extent they relate to vacancies occurring outside of unit; p. 45.

1000.00000 – SCOPE OF REPRESENTATION
1000.02100 – Past Practices

Working conditions are negotiable; p. 81.

1000.00000 – SCOPE OF REPRESENTATION
1000.02148 – Trip Assignments

Trip assignments are negotiable; p. 81.

1000.00000 – SCOPE OF REPRESENTATION
1000.02145 – Training

Training is negotiable; p. 82.

1000.00000 – SCOPE OF REPRESENTATION
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.

1000.00000 – SCOPE OF REPRESENTATION
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.

1000.00000 – SCOPE OF REPRESENTATION
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.

1000.00000 – SCOPE OF REPRESENTATION
1000.02115 – Reduction in Hours/Workday/Worktime/Workyear

Reduction in work hours is negotiable.

1000.00000 – SCOPE OF REPRESENTATION
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.

1000.00000 – SCOPE OF REPRESENTATION
1000.02166 – Demotions

Proposals regarding criteria of imposing discipline are negotiable; pp. 67-69.

1000.00000 – SCOPE OF REPRESENTATION
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.

1000.00000 – SCOPE OF REPRESENTATION
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.

1000.00000 – SCOPE OF REPRESENTATION
1000.02030 – Disciplinary Procedures

Proposals regarding disciplinary procedures are negotiable; pp. 67-69.

1000.00000 – SCOPE OF REPRESENTATION
1000.02107 – Preparation Time

Preparation time is negotiable; p. 108.

1000.00000 – SCOPE OF REPRESENTATION
1000.02080 – Length of Work Day

Length of teachers' instructional day is negotiable; p. 109.

1500.00000 – MISCELLANEOUS ISSUES; EDUCATION CODE
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.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
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.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
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.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
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 – GENERAL LEGAL PRINCIPLES; MOOTNESS
1406.01000 – 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.

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

Per se violation of duty to negotiate in good faith may occur when an employer makes unilateral change; p. 108.

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

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