Decision 0488E – Pleasant Valley School District

32170(j) - 32212 - ALJ properly rejected employer's post-hearing reply brief where both parties had agreed reply briefs would not be filed; ALJ has authority to set briefing schedule pursuant to Reg 32170(j) and 32212 and there is no provision for one party unilaterally voiding an agreement not file reply briefs.

Union's actions with regard to earlier reductions in hours no waiver as to later reductions not yet contemplated; no waiver where union's actions, when viewed in context, constitute adequate demand to bargain; no waiver from failure to request bargaining where firm decision already made.

ALJ properly rejected employer's post-hearing reply brief where both parties had agreed reply briefs would not be filed; ALJ has authority to set briefing schedule pursuant to Reg 32170(j) and 32212 and there is no provision for one party unilaterally voiding an agreement not to file reply briefs.

Decision to reduce hours negotiable; unilateral reduction not excused by business necessity or waiver.

Union's action with regard to earlier reduction in hours no waiver as to later reductions not yet comtemplated; no waiver where union's actions, when viewed in context, constitute adequate demand to bargain; no waive from failure to request bargaining where firm decision already made.

Fiscal hardship and program comparability requirements do not excuse unilateral reduction in instructional aide hours; ignorance of own operations no excuse for unilateral action, even if it were, there was sufficient time to bargain.

Unilateral reduction in instructional aide hours not excused by business necessity or waiver.

When viewed in context, union's actions viewed as adequate demand to bargain; no obligation to demand bargaining when firm decision already made.