Decision 1033E – Healdsburg Union Elementary School District

SF-CE-1494

Decision Date: January 6, 1994

Decision Type: PERB Decision

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Perc Vol: 18
Perc Index: 25030

Decision Headnotes

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.05000 – 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.

602.00000 – 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

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.

1201.00000 – REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS
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.

1201.00000 – REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS
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.