Decision 1047E – Redwoods Community College District * * * OVERRULED BY Pittsburg Unified School District (2022) PERB Decision No. 2833-E * * *
SF-CE-1583
Decision Date: May 26, 1994
Decision Type: PERB Decision
* * * OVERRULED BY Pittsburg Unified School District (2022) PERB Decision No. 2833-E * * *
Perc Vol: 18
Perc Index: 25097
Decision Headnotes
602.06000 – Change in Past Practice
* * * OVERRULED BY Pittsburg Unified School District (2022) PERB Decision No. 2833-E, where the Board held that rehiring, reelection, course assignment processes, and work hours for temporary teachers are within the scope of representation. Furthermore, pursuant to the dynamic status quo doctrine, an employer is not permitted to make discretionary changes on these topics merely because it has done so in the past. * * *
No violation where the district's action was consistent with its established past practice of applying academic, management and financial considerations in its semester-by-semester hiring decisions involving part-time, temporary instructors; p. 16. The district's adoption of a policy affecting the hiring of part-time, temporary instructors in future semesters was consistent with its established past practice, and represented an exercise of its management prerogative concerning hiring, organization and assignment of work; p. 18.
1000.02060 – Hiring
* * * OVERRULED BY Pittsburg Unified School District (2022) PERB Decision No. 2833-E, where the Board held that rehiring, reelection, course assignment processes, and work hours for temporary teachers are within the scope of representation. Furthermore, pursuant to the dynamic status quo doctrine, an employer is not permitted to make discretionary changes on these topics merely because it has done so in the past. * * *
The district's adoption of a policy affecting the hiring of part-time, temporary instructors in future semesters was consistent with its established past practice, and represented an exercise of its management prerogative concerning hiring, organization and assignment of work; p. 18.
1000.02069 – Job Assignment
* * * OVERRULED BY Pittsburg Unified School District (2022) PERB Decision No. 2833-E, where the Board held that rehiring, reelection, course assignment processes, and work hours for temporary teachers are within the scope of representation. Furthermore, pursuant to the dynamic status quo doctrine, an employer is not permitted to make discretionary changes on these topics merely because it has done so in the past. * * *
The district's adoption of a policy affecting the hiring of part-time, temporary instructors in future semesters was consistent with its established past practice, and represented an exercise of its management prerogative concerning hiring, organization and assignment of work; p. 18.
1102.01000 – Pre-Arbitration
* * * OVERRULED ON OTHER GROUNDS BY Pittsburg Unified School District (2022) PERB Decision No. 2833-E. * * *
Deferral is inappropriate where the parties' agreement does not arguably prohibit the conduct complained of in this case; the union does not have standing to file a grievance in its own name; and the grievance procedure does not culminate in binding arbitration; p. 18, fn. 6.
1000.02134 – Staffing Practice
* * * OVERRULED BY Pittsburg Unified School District (2022) PERB Decision No. 2833-E, where the Board held that rehiring, reelection, course assignment processes, and work hours for temporary teachers are within the scope of representation. Furthermore, pursuant to the dynamic status quo doctrine, an employer is not permitted to make discretionary changes on these topics merely because it has done so in the past. * * *
The district's adoption of a policy affecting the hiring of part-time, temporary instructors in future semesters was consistent with its established past practice, and represented an exercise of its management prerogative concerning hiring, organization and assignment of work; p. 18.
1000.02162 – Temporary/Short-term Employees
* * * OVERRULED BY Pittsburg Unified School District (2022) PERB Decision No. 2833-E, where the Board held that rehiring, reelection, course assignment processes, and work hours for temporary teachers are within the scope of representation. Furthermore, pursuant to the dynamic status quo doctrine, an employer is not permitted to make discretionary changes on these topics merely because it has done so in the past. * * *
The district's adoption of a policy affecting the hiring of part-time, temporary instructors in future semesters was consistent with its established past practice, and represented an exercise of its management prerogative concerning hiring, organization and assignment of work; p. 18.