Decision 1103E – Laguna Salada Union School District

SF-CE-1643

Decision Date: May 11, 1995

Decision Type: PERB Decision

View Full Text (PDF)

Perc Vol: 19
Perc Index: 26095

Decision Headnotes

1000.00000 – SCOPE OF REPRESENTATION
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.

104.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD
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.

1000.00000 – SCOPE OF REPRESENTATION
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.

1000.00000 – SCOPE OF REPRESENTATION
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.

1000.00000 – SCOPE OF REPRESENTATION
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.

1201.00000 – REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS
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.

1202.00000 – REMEDIES FOR UNFAIR PRACTICES; FACTORS LIMITING OR TERMINATING LIABILITY
1202.02000 – Agreement Between. the Parties

The Board's statutory remedial powers cannot be limited or constrained by stipulation of the parties; p. 17.

1407.00000 – GENERAL LEGAL PRINCIPLES; STATUTORY CONSTRUCTION
1407.01000 – General Principles

The Board's statutory remedial powers cannot be limited or constrained by stipulation of the parties; p. 17.

101.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES
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.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
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.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
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.

1000.00000 – SCOPE OF REPRESENTATION
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.

1000.00000 – SCOPE OF REPRESENTATION
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.

1500.00000 – MISCELLANEOUS ISSUES; EDUCATION CODE
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.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
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.