Decision 0608E – Long Beach Unified School District
LA-CE-1329
Decision Date: January 7, 1987
Decision Type: PERB Decision
Perc Vol: 11
Perc Index: 18029
Decision Headnotes
401.05000 – Union Activity During Nonworking Time or in Nonworking Areas
Where contract specifically precluded access during the conference period because it is designated as "worktime", it is presumptively unavailable for access; pp. 18-25. 20-minute duty periods before and after school are defined by contract as part of workday and are unavailable for access. In so finding, the Board reversed Long Beach School Dist. (1982) PERB Dec. No. 130 which required a showing that such periods must be "expressly and/or uniformly reserved for preparation" to be considered worktime; pp. 18-25.
1101.04000 – Continuing Violation
Allegations that access regulations unreasonable, raised for first time in Association's response to motion to particularize (and filed 7 months after District's revision of regulations), were timely since charge raised allegations of continuing nature; p. 11.
1402.03000 – By Contract/Zipper Clauses/Management Rights Clauses
Union may waive right of access by language in contract, so long as there is no serious impairment of those access rights granted by statute; p. 17. Association waived right to object to regulations regarding 24-hour notice for access and management's right to designate meeting locations where contract specifically provided for these two limitations; pp. 17-18.
401.04000 – Access – Union Right
Union may waive right of access by language in contract, so long as there is no serious impairment of those access rights granted by statute; p. 17. Association waived right to object to regulations regarding 24-hour notice of access and management's right to designate meeting locations where contract specifically provided for these two limitations; pp. 17-18. Once Association demonstrates restrictions on presumptive right of access, employer must rebut presumption by demonstrating such access would be disruptive. Here, lack of proof prevented Board from conclusion that regulation is reasonable; p. 26. Where contract specifically precluded access during the conference period because it designated as "worktime", it is presumptively unavailable for access; pp. 18-25. 20-minute duty periods before and after school are defined by contract as part of workday and are unavailable for access. In so finding, the Board reversed Long Beach School District (1982) PERB Decision No. 130, which required a showing that such periods must be "expressly and/or uniformly reserved for preparation" to be considered worktime; pp. 18-25.