Decision 1103E – Laguna Salada Union School District
SF-CE-1643
Decision Date: May 11, 1995
Decision Type: PERB Decision
Description: District unilaterally implemented a salary reduction which was not reasonably comprehended within its final offer.
Disposition: Violation found. District ordered to cease implementation of terms not reasonably comprehended within its final offer.
Perc Vol: 19
Perc Index: 26095
Decision Headnotes
1000.02125 – Salaries or Wages
The methodology used in making wage payments or adjustments to wages, how and when employees are paid, is a matter within the scope of representation; p. 11, 13.
104.01000 – Authority of Board In General; Validity and Application of Regulations (See also 102.01)
The Board's statutory remedial powers cannot be limited or constrained by stipulation of the parties; p. 17.
1000.02101 – Payday Schedules
The methodology used in making wage payments or adjustments to wages, how and when employees are paid, is a matter within the scope of representation; p. 11, 13.
1000.02102 – Payroll Deductions
The methodology used in making wage payments or adjustments to wages, how and when employees are paid, is a matter within the scope of representation; p. 11, 13.
1000.02143 – Timing of Salary Payments
The methodology used in making wage payments or adjustments to wages, how and when employees are paid, is a matter within the scope of representation; p. 11, 13.
1201.07000 – Private Agreements Concerning Reinstatement and Backpay
The Board's statutory remedial powers cannot be limited or constrained by stipulation of the parties; p. 17.
1202.02000 – Agreement Between. the Parties
The Board's statutory remedial powers cannot be limited or constrained by stipulation of the parties; p. 17.
1407.01000 – General Principles
The Board's statutory remedial powers cannot be limited or constrained by stipulation of the parties; p. 17.
101.02000 – Conflicts Between PERB-Administered Laws and Other California Statutes; Education Code/Supersession; MMBA Supersession
The Education Code does not mandate that adjustments to annual salaries must be made no later than June 30 each year. Nor does it suggest a methodology to be used in adjusting the level of employee compensation, or address the negotiability under EERA of a wage adjustment methodology; p. 16.
602.04000 – Time of Implementation
An employer's change affecting a mandatory subject of bargaining prior to the exhaustion of impasse procedures, including consideration of the factfinder's report, is an unlawful unilateral change; p. 10. An employer may implement policies reasonably comprehended within previous offers made to the union once the employer exhausts the statutory impasse procedures. The term "reasonably comprehended" excludes those changes better than the last offer and also any changes which the parties did not discuss during negotiations which are less than the status quo; p. 10. The authority to implement an adjustment in employee wages does not carry with it the unilateral authority to determine how and when to make the adjustment; p 13, fn. 3.
608.08000 – Exhaustion of Impasse Procedures or Time Between Impasse and Mediation
An employer's change affecting a mandatory subject of bargaining prior to the exhaustion of impasse procedures, including consideration of the factfinder's report, is an unlawful unilateral change; p. 10. An employer may implement policies reasonably comprehended within previous offers made to the union once the employer exhausts the statutory impasse procedures. The term "reasonably comprehended" excludes those changes better than the last offer and also any changes which the parties did not discuss during negotiations which are less than the status quo; p. 10.
1000.02053 – Financial Proposals
The methodology used in making wage payments or adjustments to wages, how and when employees are paid, is a matter within the scope of representation; p. 11, 13.
1000.02082 – Lump Sum Payment
The methodology used in making wage payments or adjustments to wages, how and when employees are paid, is a matter within the scope of representation; p. 11, 13.
1500.01000 – In General
The Education Code does not mandate that adjustments to annual salaries must be made no later than June 30 each year. Nor does it suggest a methodology to be used in adjusting the level of employee compensation, or address the negotiability under EERA of a wage adjustment methodology; p. 16.
1503.03000 – Regulations Considered (By Number) (Continued)
The Education Code does not mandate that adjustments to annual salaries must be made no later than June 30 each year. Nor does it suggest a methodology to be used in adjusting the level of employee compensation, or address the negotiability under EERA of a wage adjustment methodology; p. 16.