Decision 1078E – San Jacinto Unified School District

LA-CE-3256, 3289, 3295

Decision Date: December 22, 1994

Decision Type: PERB Decision

View Full Text (PDF)

Perc Vol: 19
Perc Index: 26036

Decision Headnotes

1000.00000 – SCOPE OF REPRESENTATION
1000.02115 – Reduction in Hours/Workday/Worktime/Workyear

Reduction in hours of a vacant position is negotiable; p. 28, proposed dec.

1000.00000 – SCOPE OF REPRESENTATION
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.

1000.00000 – SCOPE OF REPRESENTATION
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.

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

1202.00000 – REMEDIES FOR UNFAIR PRACTICES; FACTORS LIMITING OR TERMINATING LIABILITY
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.

1000.00000 – SCOPE OF REPRESENTATION
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.

1402.00000 – GENERAL LEGAL PRINCIPLES; WAIVER
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.

1402.00000 – GENERAL LEGAL PRINCIPLES; WAIVER
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.

102.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION
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.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.03000 – Contract Repudiation or Breach

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.

602.00000 – 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

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.

602.00000 – 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

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.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
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.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
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.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
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.

1000.00000 – SCOPE OF REPRESENTATION
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.

1000.00000 – SCOPE OF REPRESENTATION
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.