Decision 1085E – Cajon Valley Union School District

LA-CE-3170

Decision Date: March 1, 1995

Decision Type: PERB Decision

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Perc Vol: 19
Perc Index: 26063

Decision Headnotes

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.02000 – Prior Notice and Opportunity to Bargain

Actual knowledge of a change in the hours of vacant positions is not required only constructive knowledge. The district made numerous changes in hours of vacant positions which affected every classification and occurred at almost every job site; p. 5.

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

A past practice is established through a course of conduct or as a way of doing things over an extended period of time; p. 4. The District unilaterally increased and decreased the number of hours assigned to a wide spectrum of vacant positions over a four-year period, which established the practice in the District. Constructive knowledge of these changes to the union was sufficient notice.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.05000 – Past Practice; Maintenance of Status Quo

A past practice is established through a course of conduct or as a way of doing things over an extended period of time; p. 4. The district unilaterally increased and decreased the number of hours assigned to a wide spectrum of vacant positions over a four-year period, which established the practice in the District. Constructive knowledge of these changes to the union was sufficient notice.

1000.00000 – SCOPE OF REPRESENTATION
1000.02064 – Hours of Work

The hours of vacant bargaining unit positions are negotiable; p. 4.

1402.00000 – GENERAL LEGAL PRINCIPLES; WAIVER
1402.04000 – By Acquiescence/Conduct

Actual knowledge of a change in the hours of vacant positions is not required only constructive knowledge. The district made numerous changes in hours of vacant positions which affected every classification and occurred at almost every job site; p. 5.

1402.00000 – GENERAL LEGAL PRINCIPLES; WAIVER
1402.05000 – By Delaying or Failing to Request Negotiations

Actual knowledge of a change in the hours of vacant positions is not required only constructive knowledge. The district made numerous changes in hours of vacant positions which affected every classification and occurred at almost every job site; p. 5.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.04000 – Unalleged Violations

The Board may consider unalleged violations when: (1) the respondent has had adequate notice and an opportunity to defend the charge; (2) the unalleged act(s) intimately relate to the subject matter of the complaint and involve the same course of conduct; and (3) the matter has been fully litigated, meaning the parties have had an opportunity to examine and cross-examine witnesses on the issue; pp. 6-7. Failure to meet any of the above-listed requirements will prevent the Board from considering unalleged conduct as violative of the Act; p. 7. While the information requested by CSEA was discussed as an item of evidence at the hearing before the ALJ, the district did not have adequate notice nor an opportunity to defend, inasmuch as CSEA did not inform the ALJ or the district that the refusal to provide the requested information should be considered a change; p. 7. inform the ALJ or the district that the refusal to provide the requested information should be considered a change; p. 7.