Decision 1098E – Pasadena Community College District
LA-CE-3271
Decision Date: May 3, 1995
Decision Type: PERB Decision
Description: District unilaterally changed the rate certain instructors were paid without negotiating.
Disposition: Dismissed. No violation found.
Perc Vol: 19
Perc Index: 26089
Decision Headnotes
602.01000 – In General
It is axiomatic that the bargaining obligation of a public school employer extends only to the positions within the bargaining unit; p. 9, proposed dec. For a unilateral change to be in violation of the obligation to bargain, it must have "a generalized effect or continuing impact upon the terms and conditions of employment of bargaining unit members;" p. 9, proposed dec.
602.05000 – Impact and Extent
It is axiomatic that the bargaining obligation of a public school employer extends only to the positions within the bargaining unit; p. 9, proposed dec. For a unilateral change to be in violation of the obligation to bargain, it must have "a generalized effect or continuing impact upon the terms and conditions of employment of bargaining unit members;" p. 9, proposed dec.
608.04000 – Non-Bargaining Unit Employees; Inappropriate Bargaining Unit
A unit description that includes "[a]ll certificated personnel paid on an hourly basis" means, obviously, all instructors, paid on an hourly basis, who must have a credential to perform their duties. What is critical is not that the individual holds a credential but that a credential is required for the particular duties that the individual performs; p. 12, proposed dec.
1105.03000 – Burden of Proof; Weight of Evidence; Presumptions and Inferences; Affirmative Defenses
The burden of proof for showing a change in the past practice is that of the charging party; p. 14, proposed dec.
1309.01000 – In General/Definition of Appropriate Unit
The language "all certificated employees excluding those excluded by law" was clearly intended to describe a comprehensive unit. The employer's recognition of the union as "the representative agent for certificated employees, excluding those designated as management, supervisory, and confidential employees" described a unit "which includes all certificated teachers;" pp. 11-12, proposed dec. A unit description that includes "[a]ll certificated personnel paid on an hourly basis" means, obviously, all instructors, paid on an hourly basis, who must have a credential to perform their duties. What is critical is not that the individual holds a credential but that a credential is required for the particular duties that the individual performs; p. 12, proposed dec.