Decision 1090E – Norris School District

LA-CE-3292

Decision Date: March 16, 1995

Decision Type: PERB Decision

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Perc Vol: 19
Perc Index: 26068

Decision Headnotes

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.06000 – Management-Rights Clause; Management Prerogative

A generally-worded management rights clause will not be construed as a waiver of statutory bargaining rights; p. 19, proposed dec.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession

A generally-worded management rights clause will not be construed as a waiver of statutory bargaining rights; p. 19, proposed dec.

1000.00000 – SCOPE OF REPRESENTATION
1000.02019 – Classification of Employees

The level of services that an employer decides to provide is nonnegotiable. This includes the creation of new positions and a determination of the number of hours to be assigned; pp. 10 and 13, proposed dec. The decision to abolish a classification and cease engaging in the activity previously performed by employees in that classification is a managerial prerogative; p. 12, proposed dec. The decision to transfer duties from one classification to another is negotiable; p. 14, proposed dec.

1000.00000 – SCOPE OF REPRESENTATION
1000.02071 – Job Duties

The decision to transfer duties from one classification to another is negotiable; p. 14, proposed dec.

1000.00000 – SCOPE OF REPRESENTATION
1000.02085 – Management Rights

The level of services that an employer decides to provide is nonnegotiable. This includes the creation of new positions and a determination of the number of hours to be assigned; pp. 10 and 13, proposed dec. The decision to leave a position vacant is a decision within an employer's exercise of its managerial prerogative; p. 10, proposed dec. The decision to abolish a classification and cease engaging in the activity previously performed by employees in that classification is a managerial prerogative; p. 12, proposed dec.

1000.00000 – SCOPE OF REPRESENTATION
1000.02091 – New Positions

The level of services that an employer decides to provide is nonnegotiable. This includes the creation of new positions and a determination of the number of hours to be assigned; pp. 10 and 13, proposed dec. The decision to transfer duties from one classification to another is negotiable; p. 14, proposed dec.

1000.00000 – SCOPE OF REPRESENTATION
1000.02125 – Salaries or Wages

Salary adjustments for individual job classifications within the same occupational group are negotiable; p. 15, proposed dec.

1000.00000 – SCOPE OF REPRESENTATION
1000.02134 – Staffing Practice

The level of services that an employer decides to provide is nonnegotiable. This includes the creation of new positions and a determination of the number of hours to be assigned; pp. 10 and 13, proposed dec. The decision to abolish a classification and cease engaging in the activity previously performed by employees in that classification is a managerial prerogative; p. 12, proposed dec.

1000.00000 – SCOPE OF REPRESENTATION
1000.02147 – Transfer of Work Out of Unit

The decision to transfer duties from one classification to another is negotiable; p. 14, proposed dec.

1000.00000 – SCOPE OF REPRESENTATION
1000.02155 – Wages for Newly Created Position

The authority of an employer to prescribe a classification does not encompass the power to set the particular salary for such classification; p. 15, proposed dec. Salary adjustments for individual job classifications within the same occupational group are negotiable; p. 15, proposed dec.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.19000 – Motion to Reopen Record

The standard applied to requests to reopen the record is the same standard as that governing requests for reconsideration of a decision of the Board itself. The Board will reopen the record on the basis of newly discovered evidence that was not previously available and could not have been discovered with the exercise of reasonable diligence; p. 4. The party requesting that the record be reopened must present a satisfactory explanation for the failure to produce the evidence at an earlier time; p. 4. The request to reopen the record is denied because no satisfactory explanation of why these documents were not previously available and could not have been easily discovered while case was before the ALJ; p. 5. p. 5.

1108.00000 – UNFAIR PRACTICE PROCEDURES; COMPLIANCE
1108.01000 – In General

If a party agrues it has previously complied with the order, this can best be resolved through PERB's compliance proceedings; p. 5.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.03000 – Regulations Considered (By Number) (Continued)

32320. The same standard applied to requests to reopen the record is the same standard as that governing requests for reconsideration of a decision of the Board itself. The Board will reopen the record on the basis of newly discovered evidence that was not previously available and could not have been discovered with the exercise of reasonable diligence; p. 4. 32410. The standard applied to requests to reopen the record is the same standard as that governing requests for reconsideration of a decision of the Board itself. The Board will reopen the record on the basis of newly discovered evidence that was not previously available and could not have been discovered with the exercise of reasonable diligence; p. 4.