Decision 1078E – San Jacinto Unified School District
LA-CE-3256, 3289, 3295
Decision Date: December 22, 1994
Decision Type: PERB Decision
Description: District made several unilateral changes without negotiating.
Disposition: Violation found. District ordered to restore status quo, reimburse for lost wages and negotiate upon union’s request.
Perc Vol: 19
Perc Index: 26036
Decision Headnotes
1000.02115 – Reduction in Hours/Workday/Worktime/Workyear
Reduction in hours of a vacant position is negotiable; p. 28, proposed dec.
1000.02127 – Schedules
A decision to change work schedules, workweek, or the number of hours per day assigned to employees, and the effects thereof, are negotiable subjects of bargaining; p. 18, proposed dec.
1000.02157 – Working Day/Work Time
A decision to change work schedules, workweek, or the number of hours per day assigned to employees, and the effects thereof, are negotiable subjects of bargaining; p. 18, proposed dec.
1201.03000 – Back Pay; Interest
District required to pay loss of income for resulting from change in work schedule augmented by interest at the rate of 7 percent; pp. 3-5.
1202.01000 – In General
No back pay for employees who accepted jobs in positions which had previously had hours reduced because individual had no vested interest in previous staffing levels; pp. 37-38, proposed dec.
1000.02095 – Overtime Pay
A decision to change work schedules, workweek, or the number of hours per day assigned to employees, and the effects thereof, are negotiable subjects of bargaining; p. 18, proposed dec.
1402.01000 – In General
In determining whether waiver of bargaining rights is clear and unmistakable express contractual terms as well as evidence of negotiating history reflecting a conscious abandonment of the right to bargain over a particular subject can be examined; p. 18, proposed dec.
1402.03000 – By Contract/Zipper Clauses/Management Rights Clauses
The contract terms "times and hours of operations" are not necessarily synonymous with the employees' starting and ending times, i.e., the work schedule of individual employees; p. 23, proposed dec. In determining whether waiver of bargaining rights is clear and unmistakable express contractual terms as well as evidence of negotiating history reflecting a conscious abandonment of the right to bargain over a particular subject can be examined; p. 18, proposed dec.
102.01000 – In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts
Charge is not subject to deferral as the CBA does not grant authority to the exclusive representative to file grievances in its own name; p. 35, proposed dec.
602.03000 – Change In Policy
Change in work hours of maintenacne employees assigned to work football games resulted in a change of hours as some employees who worked the District's new schedule loss income in the form of overtime compensation; p. 21, proposed dec. District did not carry its burden showing that it established either a new librarian technician or a health clerk position at an elementary school. Instead, the ALJ found that the District unilaterally changed the hours of the positions which were temporarily vacant; p. 28, proposed dec. The ALJ concluded that a reduction or other change in hours of a vacant position is a matter within the scope of bargaining inasmuch as it affects the "collective interests" of bargaining unit members. In this case, the net effect of the District's changes was an actual diminution of unit work; p. 28, proposed dec. this case, the net effect of the District's changes was an actual diminution of unit work; p. 28, proposed dec.
602.05000 – Impact and Extent
Even though policy change affected only two employees and was in effect for only three weeks, this was sufficient to conclude that the District's action amounted to a change of policy of material impact upon terms and conditions of employment of unit employees; pp. 32-33, proposed dec. A two month change in overtime opportunities for a few groundskeepers sufficient to be a generalized effect or continuing impact. Loss of opportunity for overtime constitutes a material and significant effect or impact upon terms and conditions of employment to constitute a change in policy; p. 32, proposed dec.
602.06000 – Change in Past Practice
Past practice defense by the District was rejected as the District's defense did not meet the "regular and consistent" past practice test required by Pajaro Valley Unified School District (1978) PERB Decision No. 51; p. 22, proposed dec. Fact that the District had previously changed starting and ending times, and work schedules of maintenance and operations employees without bargaining does not establish waiver of right to bargain over the District's change in schedule for football games outside normal school hours; p. 23, proposed dec. Definitive past practice cannot be established where occurrences of the claim practice are isolated and remote in time. A one time occurrence of a reduction in hours of a vacant position does not establish that hours of vacant positions have been changed unilaterally as a past practice; p. 29, proposed dec. does not establish that hours of vacant positions have been changed unilaterally as a past practice; p. 29, proposed dec.
608.05000 – Past Practice; Maintenance of Status Quo
Past practice defense by the District was rejected as the District's defense did not meet the "regular and consistent" past practice test required by Pajaro Valley Unified School District (1978) PERB Decision No. 51; p. 22, proposed dec. Fact that the District had previously changed starting and ending times, and work schedules of maintenance and operations employees without bargaining does not establish waiver of right to bargain over the District's change in schedule for football games outside normal school hours; p. 23, proposed dec. Definitive past practice cannot be established where occurrences of the claim practice are isolated and remote in time. A one time occurrence of a reduction in hours of a vacant position does not establish that hours of vacant positions have been changed unilaterally as a past practice; p. 29, proposed dec. does not establish that hours of vacant positions have been changed unilaterally as a past practice; p. 29, proposed dec.
608.06000 – Management-Rights Clause; Management Prerogative
The contract terms "times and hours of operations" are not necessarily synonymous with the employees' starting and ending times, i.e., the work schedule of individual employees; p. 23, proposed dec.
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession
Fact that the District had previously changed starting and ending times, and work schedules of maintenance and operations employees without bargaining does not establish waiver of right to bargain over the District's change in schedule for football games outside normal school hours; p. 23, proposed dec. In determining whether waiver of bargaining rights is clear and unmistakable express contractual terms as well as evidence of negotiating history reflecting a conscious abandonment of the right to bargain over a particular subject can be examined; p. 18, proposed dec.
1000.02064 – Hours of Work
A decision to change work schedules, workweek, or the number of hours per day assigned to employees, and the effects thereof, are negotiable subjects of bargaining; p. 18, proposed dec.
1000.02080 – Length of Work Day
A decision to change work schedules, workweek, or the number of hours per day assigned to employees, and the effects thereof, are negotiable subjects of bargaining; p. 18, proposed dec.