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 * * *
Perc Vol: 12
Perc Index: 19012
Decision Headnotes
1000.02091 – New Positions
* * * OVERRULED IN PART ON OTHER GROUNDS by State of California (Department of Agriculture) (2002) PERB Decision No. 1473-S. * * *
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).
603.04000 – Circumvention of Union; Direct Dealing With Employees
* * * OVERRULED IN PART ON OTHER GROUNDS by State of California (Department of Agriculture) (2002) PERB Decision No. 1473-S. * * *
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).
602.05000 – Impact and Extent
* * * OVERRULED IN PART ON OTHER GROUNDS by State of California (Department of Agriculture) (2002) PERB Decision No. 1473-S. * * *
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.
1402.07000 – Failure to Timely Raise Affirmative Defense
* * * OVERRULED IN PART by State of California (Department of Agriculture) (2002) PERB Decision No. 1473-S, where the Board held that pre-arbitration deferral is discretionary, not jurisdictional. * * *
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.
1000.02049 – Extra Duty Stipends
* * * OVERRULED IN PART ON OTHER GROUNDS by State of California (Department of Agriculture) (2002) PERB Decision No. 1473-S. * * *
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).
104.01000 – 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.
1000.02140 – Summer School Wage Arrangements
* * * OVERRULED IN PART ON OTHER GROUNDS by State of California (Department of Agriculture) (2002) PERB Decision No. 1473-S. * * *
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).
1000.02125 – Salaries or Wages
* * * OVERRULED IN PART ON OTHER GROUNDS by State of California (Department of Agriculture) (2002) PERB Decision No. 1473-S. * * *
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).
1000.02115 – Reduction in Hours/Workday/Worktime/Workyear
* * * OVERRULED IN PART ON OTHER GROUNDS by State of California (Department of Agriculture) (2002) PERB Decision No. 1473-S. * * *
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).
1102.01000 – Pre-Arbitration
* * * OVERRULED IN PART by State of California (Department of Agriculture) (2002) PERB Decision No. 1473-S, where the Board held that pre-arbitration deferral is discretionary, not jurisdictional. * * *
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.
101.03000 – NLRA/LMRDA Precedent
* * * OVERRULED IN PART by State of California (Department of Agriculture) (2002) PERB Decision No. 1473-S, where the Board held that pre-arbitration deferral is discretionary, not jurisdictional. * * *
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.