Decision 1106E – Moreno Valley Unified School District
LA-CE-3345
Decision Date: May 19, 1995
Decision Type: PERB Decision
Description: District unilaterally changed custodian work shifts from day to night without negotiating.
Disposition: Violation found. District ordered to restore shift assignments and negotiate upon union’s request.
Perc Vol: 19
Perc Index: 26099
Decision Headnotes
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.
1000.02134 – 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.
1102.01000 – 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.
102.01000 – 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.
602.01000 – 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.
602.05000 – 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.
608.06000 – 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.
608.07000 – 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.
1000.02064 – 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.
1402.01000 – 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.
1402.03000 – 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.