Decision 0911E – Cloverdale Unified School District

The ALJ allowed the association to amend the complaint to reflect the evidence produced at the hearing. The theory of law upon which the violation was based was not affected by the amendment of the factual basis for the charge as such, no prejudice shown; p. 23.

A make whole remedy for unilaterally modifying the teachers' schedule requires the District to grant affected teachers an amount of time off which corresponds with the time the teachers was unlawfully required to work the modified schedule. The Board alternatively provided monetary compensation where agreement could not be reached on time off or the teacher was no longer employed by the District as such, no prejudice shown; p. 24.

32648 -- The ALJ allowed the association to amend the complaint to reflect the evidence produced at the hearing. The theory of law upon which the violation was based was not affected by the amendment of the factual basis for the charge; p. 22.

District unilaterally modified fourth and fifth grade teachers' work day schedule by eliminating 45 minute preparation period, increasing teachers' instructional day by a corresponding 45 minutes, and adding two new subjects to the basic teaching assignment. "Employers are generally free to alter the instructional schedule without prior notification . . . ." Imperial Unified School District (1990) PERB Decision No. 825; p. 16.

While District is free to modify teachers' work day schedule consistent with the provisions of the parties' collective bargaining agreement, the contractual provisions relied on by the District here do not authorize such modification because they concerned the student instructional day; See Marysville Joint Unified School District (1983) PERB Decision No. 314; pp. 17-18.

An employer may sucessfully defend a unilateral change in the status quo on the basis of business necessity. The District failed to establish that an emergency existed which was sufficient to necessitate the revision of the teachers' schedule; p. 21.

District unilaterally modified fourth and fifth grade teachers' work day schedule by eliminating 45 minute preparation period, increasing teachers' instructional day by a corresponding 45 minutes, and adding two new subjects to the basic teaching assignment. "Employers are generally free to alter the instructional schedule without prior notification . . . ." However, when changes affect the length of the working day or existing duty-free time, the subject is negotiable . . . ." Imperial Unified School District (1990) PERB Decision No. 825; p. 16.

No waiver of right to negotiate where discussion of proposed changes did not amount to actual or constructive notice of the District's clear intent to implement a unilateral change in the teachers' schedule. The discussion at the meeting centered on a "tentative" or "potential" schedule for the following year; p. 19.

District unilaterally modified fourth and fifth grade teachers' work day schedule by eliminating 45 minute preparation period, increasing teachers' instructional day by a corresponding 45 minutes, and adding two new subjects to the basic teaching assignment. "Employers are generally free to alter the instructional schedule without prior notification . . . . However, when changes affect the length of the working day or existing duty-free time, the subject is negotiable . . . ." Imperial Unified School District (1990) PERB Decision No. 825; p. 16.

District unilaterally modified fourth and fifth grade teachers' work day schedule by eliminating 45 minute preparation period, increasing teachers' instructional day by a corresponding 45 minutes, and adding two new subjects to the basic teaching assignment. "Employers are generally free to alter the instructional schedule without prior notification . . . . However, when changes affect the length of the working day or existing duty-free time, the subject is negotiable . . . ." Imperial Unified School District (1990) PERB Decision No. 825; p. 16.

The six-month time period begins to run on the date the charging party has actual or constructive notice of the respondent's clear intent to implement a unilateral change in policy, providing that nothing subsequent to that date evinces a wavering of that intent; p. 22.