Decision 0646E – Lake Elsinore School District * * * OVERRULED by State of California (Department of Agriculture) (2002) PERB Decision No. 1473-S

LA-CE-1827, 2031

Decision Date: December 18, 1987

Decision Type: PERB Decision

 * * * OVERRULED by State of California (Department of Agriculture) (2002) PERB Decision No. 1473-S * * *

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Perc Vol: 12
Perc Index: 19012

Decision Headnotes

1000.00000 – SCOPE OF REPRESENTATION
1000.02091 – New Positions

The amount of a stipend for a newly created classification is considered wages and, therefore, negotiable. Unilateral implementation of the stipend was violation of EERA section 3543.5(c) and, derivatively, (a) and (b).

603.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; BYPASSING EXCLUSIVE REP
603.04000 – Circumvention of Union; Direct Dealing With Employees

District bypassed the exclusive representative by negotiating directly with a unit member for a reduced work year, in violation of EERA section 3543.5(c) and, derivatively, (a) and (b).

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.05000 – Impact and Extent

District had no duty to provide the exclusive representative of certificated unit notice and an opportunity to negotiate possible effects of decision to reduce hours of members of the classified unit (instructional aides funded through the School Improvement Program ("SIP")). SIP aides were there to provide individualized instruction to students, not to function as personal assistants to teachers. Any diminishing of teachers' preparation time as result of reduction of aide time was, at best, a fortuitous side effect of misuse of the program. Increase in prep time may have resulted from factors other than decrease in aide time. Reduction in SIP aide time would only have an indirect and speculative impact on teachers workday.

1402.00000 – GENERAL LEGAL PRINCIPLES; WAIVER
1402.07000 – Failure to Timely Raise Affirmative Defense

Where the Board lacks jurisdiction under EERA section 3541.5, it must dismiss the matter on own motion, regardless of whether jurisdictional issue was raised by parties or whether parties acquiesced or stipulated that PERB has jurisdiction. Lack of jurisdiction cannot be overcome by established practices or customs of the Board, nor by Board regulation. Pre-arbitration deferral under EERA is not an affirmative defense subject to a party's waiver.

1000.00000 – SCOPE OF REPRESENTATION
1000.02049 – Extra Duty Stipends

Unilateral change in manner of payment for extra-duty summer assignments, from hourly to per diem basis, violates EERA section 3543.5(c) and, derivatively, (a) and (b).

104.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD
104.01000 – Authority of Board In General; Validity and Application of Regulations (See also 102.01)

EERA section 3541.5 operates as jurisdictional limitation on Board's authority to issue complaint where the matter is covered by the parties' grievance procedures and binding arbitration.

1000.00000 – SCOPE OF REPRESENTATION
1000.02140 – Summer School Wage Arrangements

Unilateral change in manner of payment for extra-duty summer assignments, from hourly to per diem basis, violates EERA section 3543.5(c) and, derivatively, (a) and (b).

1000.00000 – SCOPE OF REPRESENTATION
1000.02125 – Salaries or Wages

The amount of a stipend for a newly created classification is considered wages and, therefore, negotiable. Unilateral implementation of the stipend was violation of EERA section 3543.5(c) and, derivatively, (a) and (b).

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

District bypassed the exclusive representative by negotiating directly with a unit member for a reduced work year, in violation of EERA section 3543.5(c) and, derivatively, (a) and (b).

1102.00000 – CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION
1102.01000 – Pre-Arbitration

Where the Board lacks jurisdiction under EERA section 3541.5, it must dismiss the matter on own motion, regardless of whether jurisdictional issue was raised by parties or whether parties acquiesced or stipulated that PERB has jurisdiction. Lack of jurisdiction cannot be overcome by established practices or customs of the Board, nor by Board regulation. Pre-arbitration deferral under EERA is not an affirmative defense subject to a party's waiver.

101.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES
101.03000 – NLRA/LMRDA Precedent

The NLRB deferral-to-arbitration standards in Collyer Insulated Wire (1971) 192 NLRB 837 [77 LRRM 1931] are not controlling nor instructive in administering EERA. California Legislature did not "essentially codify" the Collyer requirements in enacting EERA, therefore Dry Creek Jt. Elem. Sch. Dist. (1980) PERB Order no. Ad-81a and its progeny are overruled.