Decision 0911E – Cloverdale Unified School District

SF-CE-1361

Decision Date: November 20, 1991

Decision Type: PERB Decision

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Perc Vol: 15
Perc Index: 22179

Decision Headnotes

1104.00000 – CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ
1104.02000 – Motions

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.

1205.00000 – REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS
1205.07000 – Restoration of Status Quo

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.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.02000 – Regulations Considered (By Number)

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.

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 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.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.01000 – In General

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.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.03000 – Business Necessity; Employer Financial Position

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.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.06000 – Management-Rights Clause; Management Prerogative

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.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession

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.

1000.00000 – SCOPE OF REPRESENTATION
1000.02068 – Instructional Time

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.

1000.00000 – SCOPE OF REPRESENTATION
1000.02107 – Preparation Time

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.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.03000 – Computation of Six-Month Period

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.