Decision 1106E – Moreno Valley USD

LA-CE-3345

Decision Date: May 19, 1995

Decision Type: PERB Decision

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Perc Vol: 19
Perc Index: 26099

Decision Headnotes

1000.00000 – SCOPE OF REPRESENTATION
1000.02131 – Shift Assignments

Hours of work, including the time of day the hours are to be worked, are negotiable. A change in hours occurs when there is a change in work shift, and such is negotiable; p. 8, proposed dec.

1000.00000 – SCOPE OF REPRESENTATION
1000.02134 – Staffing Practice

Staffing pattern determinations are managerial prerogatives, not subject to negotiations. Such determinations, however, do not include changes of the shifts of individual employees once the initial assignment has been made by the employer. The right to set staffing patterns is not a clear and unmistakable waiver of the right to negotiate shift changes; p. 10, proposed dec.

1102.00000 – CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION
1102.01000 – Pre-Arbitration

Pre-arbitration deferral is inappropriate because union did not have a right to grieve the alleged violation; p. 3, fn. 2, proposed dec.

102.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION
102.01000 – In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts

Pre-arbitration deferral is inappropriate because union did not have a right to grieve the alleged violation; p. 3, fn. 2, proposed dec.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.01000 – In General

The reassignment of employees to different shifts was a permanent change, having a generalized and continuing impact upon their terms and conditions of employment. The fact that only two employees were affected does not mitigate against this finding; p. 9, proposed dec.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.05000 – Impact and Extent

The reassignment of employees to different shifts was a permanent change, having a generalized and continuing impact upon their terms and conditions of employment. The fact that only two employees were affected does not mitigate against this finding; p. 9, proposed dec.

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

Staffing pattern determinations are managerial prerogatives, not subject to negotiations. Such determinations, however, do not include changes of the shifts of individual employees once the initial assignment has been made by the employer. The right to set staffing patterns is not a clear and unmistakable waiver of the right to negotiate shift changes; p. 10, proposed dec. The right to "assign" employees does not carry with it the inherent right to change a shift assignment after it has been made; p. 11, 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 waiver of the right to bargain a matter within the scope of negotiations must be "clear and unmistakable." The evidence must indicate an intentional relinquishment of the union's rights; p. 9, proposed dec. Contract terms will not justify a unilateral management act on a mandatory subject of bargaining unless the contract expressly or by necessary implication confers such a right; p. 9, proposed dec. Staffing pattern determinations are managerial prerogatives, not subject to negotiations. Such determinations, however, do not include changes of the shifts of individual employees once the initial assignment has been made by the employer. The right to set staffing patterns is not a clear and unmistakable waiver of the right to negotiate shift changes; p. 10, proposed dec. negotiate shift changes; p. 10, proposed dec.

1000.00000 – SCOPE OF REPRESENTATION
1000.02064 – Hours of Work

Hours of work, including the time of day the hours are to be worked, are negotiable. A change in hours occurs when there is a change in work shift, and such is negotiable; p. 8, proposed dec.

1402.00000 – GENERAL LEGAL PRINCIPLES; WAIVER
1402.01000 – In General

A waiver of the right to bargain a matter within the scope of negotiations must be "clear and unmistakable." The evidence must indicate an intentional relinquishment of the union's rights; p. 9, proposed dec.

1402.00000 – GENERAL LEGAL PRINCIPLES; WAIVER
1402.03000 – By Contract/Zipper Clauses/Management Rights Clauses

Contract terms will not justify a unilateral management act on a mandatory subject of bargaining unless the contract expressly or by necessary implication confers such a right; p. 9, proposed dec. Staffing pattern determinations are managerial prerogatives, not subject to negotiations. Such determinations, however, do not include changes of the shifts of individual employees once the initial assignment has been made by the employer. The right to set staffing patterns is not a clear and unmistakable waiver of the right to negotiate shift changes; p. 10, proposed dec.