Decision 0481E – Eureka City School District
SF-CE-773
Decision Date: January 15, 1985
Decision Type: PERB Decision
Perc Vol: 9
Perc Index: 16060
Decision Headnotes
1205.07000 – Restoration of Status Quo
States quo ante already restored, so unnecessary to include in order.
1107.04000 – Unalleged Violations
Allegation properly entertained because fully litigated, related to subject matter of charge and opportunity to examine and be cross-examined.
1000.02147 – Transfer of Work Out of Unit
To prove unilateral transfer of work, charging party must prove that unit employees ceased to performed work which they had previously performed or that nonunit employees began to perform duties previously performed exclusively by unit employees, therefore, where duties traditionally overlapped, no unlawful transfer to work merely by increasing quantity performed by nonunit employees and decreasing quantity performed by unit employees.
1000.02115 – Reduction in Hours/Workday/Worktime/Workyear
No negotiable transfer of work, but negotiable as reduction in hours.
608.12000 – Good Faith; DeMinimus; Temporary Change
Offer to transfer to another site does not excuse unilateral reduction in hours.
608.06000 – Management-Rights Clause; Management Prerogative
Subject not rendered non-negotiable merely because motivation that prompted unilateral action tied to managerial prerogative.
602.05000 – Impact and Extent
To prove unilateral transfer of work, charging party must prove that unit employees ceased to perform work which they had previously performed or that nonunit employees began to perform duties previously performed exclusively by unit employees, therefore, where duties traditionally overlapped, no unlawful transfer of work merely by increasing quantity performed by nonunit employees and decreasing quantity performed by unit employees.