Decision 1085E – Cajon Valley Union School District
LA-CE-3170
Decision Date: March 1, 1995
Decision Type: PERB Decision
Description: District unilaterally modified the hours of vacant positions without negotiating.
Disposition: Dismissed. No violation found.
Perc Vol: 19
Perc Index: 26063
Decision Headnotes
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.
602.06000 – 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.
608.05000 – 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.
1000.02064 – Hours of Work
The hours of vacant bargaining unit positions are negotiable; p. 4.
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.
1402.05000 – 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.
1107.04000 – 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.