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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)
602.06000 – Generalized Effect or Continuing Impact

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)
602.05000 – New Policy or Application or Enforcement of Existing Policy in New Way

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.