Decision 1033E – Healdsburg Union Elementary School District
SF-CE-1494
Decision Date: January 6, 1994
Decision Type: PERB Decision
Perc Vol: 18
Perc Index: 25030
Decision Headnotes
602.05000 – Impact and Extent
To demonstrate that a change in duties during the workday is negotiable, a charging party must show that the change has an impact on the employees' workday it will not be presumed; p. 6.
602.06000 – Change in Past Practice
Even if it is shown that teachers had voluntarily supervised students prior to the directive to do so, this does not establish a past practice which requires the teachers to supervise students; p. 5, fn. 2. Where the tone of a directive suggests that it imposes a new policy, the directive is evidence that a new policy is being implemented; p. 5. An agreement specific to teachers and the principal at a different school within the district does not constitute an established district policy; p. 9. The supervision schedule of first and second grade teachers who are on an entirely different schedule is not comparable to the kindergarten setting, and thus does not establish a past practice for the kindergarten; pp. 9-10. setting, and thus does not establish a past practice for the kindergarten; pp. 9-10.
1201.01000 – In General
To remedy unilateral lengthening of workday, employer must provide affected employees with a corresponding amount of time off or pay them for the extra time plus 7 percent interest.
1201.03000 – Back Pay; Interest
To remedy unilateral lengthening of workday, employer must provide affected employees with a corresponding amount of time off or pay them for the extra time plus 7 percent interest.