Decision 0825E – Imperial USD

LA-CE-2795

Decision Date: June 29, 1990

Decision Type: PERB Decision

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Perc Vol: 14
Perc Index: 21137

Decision Headnotes

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.06000 – Change in Past Practice

District altered consistent past practice of setting the instructional day at the intermediate level through implementation of a unilateral change in instructional minutes; p. 7. For purposes of an unfair practice charge, a consistent past practice on a districtwide basis is of relevant concern; p. 6. A consistent past practice of setting instructional minutes at districtwide level was shown because the one intermediate school in the District had a different schedule from any other school prior to the charge; p. 7.

1000.00000 – SCOPE OF REPRESENTATION
1000.02068 – Instructional Time

When changes in the length of the instructional day affect the length of the workday or existing duty-free time, the subject is negotiable; p. 7. The Board, in Moreno Valley Unified School District (1982) PERB Decision No. 206, found an impact on teachers' workday from an elimination of some preparation time to be presumed based only on the fact that evidence demonstrated the same level of preparation was required by the district. In this case, the Board overruled Moreno insofar as it did not require the charging party to show a schedule change had an impact on the length of the workday or existing duty-free time; p. 9. The Association failed to show as part of its prima facie case that the instructional minutes change impacted the length of the workday or existing duty-free time; p. 12. the instructional minutes change impacted the length of the workday or existing duty-free time; p. 12.