Decision 1090E – Norris School District
LA-CE-3292
Decision Date: March 16, 1995
Decision Type: PERB Decision
Description: District unilaterally transferred work to new classification and set salary without negotiating.
Disposition: Violation found. District ordered to pay lost wages and negotiate upon union’s request.
Perc Vol: 19
Perc Index: 26068
Decision Headnotes
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.
608.07000 – 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.
1000.02019 – 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.
1000.02071 – Job Duties
The decision to transfer duties from one classification to another is negotiable; p. 14, proposed dec.
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.
1000.02091 – 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.
1000.02125 – Salaries or Wages
Salary adjustments for individual job classifications within the same occupational group are negotiable; p. 15, proposed dec.
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.
1000.02147 – Transfer of Work Out of Unit
The decision to transfer duties from one classification to another is negotiable; p. 14, proposed dec.
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.
1107.19000 – 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.
1108.01000 – 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.
1503.03000 – 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.