Decision 1163E – Arcata Elementary School District

SF-CE-1761

Decision Date: June 26, 1996

Decision Type: PERB Decision

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Perc Vol: 20
Perc Index: 27120

Decision Headnotes

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

In unilateral change of hours of vacant position, it is the employer's burden to show the change was not within the scope of bargaining because the change was based on factors other than labor cost considerations.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.02000 – Prior Notice and Opportunity to Bargain

No prior notice given to exclusive representative when the employer posted announcement and placed advertisement for new positions before the union learned of the plan; p. 10, proposed dec.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.01000 – In General

In unilateral change of hours of vacant position, it is the employer's burden to show the change was not within the scope of bargaining because the change was based on factors other than labor cost considerations.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.05000 – Past Practice; Maintenance of Status Quo

The fact that an employer may have employed a part-time employee in a particular position does not show a practice of converting full-time positions into part-time positions; p. 12, proposed dec.

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

An employer's decision to change the hours in a vacant position that reflects a change in the nature, direction or level of service falls within the management prerogative and is outside the scope of representation. Conversely, an employer decision based on labor cost considerations that does not reflect a change in the nature, direction or level of service is directly related to issues of employee wages and hours and is within the scope of representation; p. 8. The District's decision to change the hours of a vacant, full-time position into two 3-3/4 hour positions was within the scope of representation. Since the unusual 3-3/4 hour time base fell below the 4 hours per day required to qualify for the employer's benefit package and the two new part-time employees performed the same work previously performed by the full-time employee, the District's decision was not an exercise of the management prerogative reflecting a change in the performed by the full-time employee, the District's decision was not an exercise of the management prerogative reflecting a change in the

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession

After the employer made a unilateral change, participation by the exclusive representative in interest based bargaining session, where the exclusive representative voiced opposition to the change, does not indicate that the parties negotiated and agreed to the change; p. 11; p. 12, proposed dec.

1000.00000 – SCOPE OF REPRESENTATION
1000.01000 – In General; Test for Subjects Not Specifically Enumerated

Employer decisions involving the level of services to be provided fall within the management prerogative. These decisions include the creation of new positions, determining the number of hours assigned to new positions, discontinuing a service by abolishing a position and laying off employees; p. 5.

1000.00000 – SCOPE OF REPRESENTATION
1000.02026 – Contracting Out

Contracting out decisions based on a change in the nature and direction of a significant facet of business are not negotiable, but contracting out decisions based on labor cost considerations fall within the scope of representation; p. 7.

1000.00000 – SCOPE OF REPRESENTATION
1000.02040 – Elimination of Positions

Employer decisions involving the level of services to be provided fall within the management prerogative. These decisions include the creation of new positions, determining the number of hours assigned to new positions, discontinuing a service by abolishing a position and laying off employees; p. 5. The District's decision to change the hours of a vacant, full time position into two 3-3/4 hour positions was within the scope of representation. Since the unusual 3-3/4 hour time base fell below the 4 hours per day required to qualify for the employer's benefit package and the two new part time employees performed the same work previously performed by the full time employee, the District's decision was not an exercise of the management prerogative reflecting a change in the nature, direction or level of service, but a decision based on labor costs associated with that service; pp. 9-10. a change in the nature, direction or level of service, but a decision based on labor costs associated with that service; pp. 9-10.

1000.00000 – SCOPE OF REPRESENTATION
1000.02064 – Hours of Work

The District's decision to change the hours of a vacant, full-time position into two 3-3/4 hour positions was within the scope of representation. Since the unusual 3-3/4 hour time base fell below the 4 hours per day required to qualify for the employer's benefit package and the two new part-time employees performed the same work previously performed by the full-time employee, the District's decision was not an exercise of the management prerogative reflecting a change in the nature, direction or level of service, but a decision based on labor costs associated with that service; pp. 9-10. In unilateral change of hours of vacant position, it is the employer's burden to show the change was not within the scope of bargaining because the change was based on factors other than labor cost considerations. considerations.

1000.00000 – SCOPE OF REPRESENTATION
1000.02091 – New Positions

Employer decisions involving the level of services to be provided fall within the management prerogative. These decisions include the creation of new positions, determining the number of hours assigned to new positions, discontinuing a service by abolishing a position and laying off employees; p. 5. The District's decision to change the hours of a vacant, full-time position into two 3-3/4 hour positions was within the scope of representation. Since the unusual 3-3/4 hour time base fell below the 4 hours per day required to qualify for the employer's benefit package and the two new part-time employees performed the same work previously performed by the full-time employee, the District's decision was not an exercise of the management prerogative reflecting a change in the nature, direction or level of service, but a decision based on labor costs associated with that service; pp. 9-10. a change in the nature, direction or level of service, but a decision based on labor costs associated with that service; pp. 9-10.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.01000 – In General/Prima Facie Case

In unilateral change of hours of vacant position, it is the employer's burden to show the change was not within the scope of bargaining because the change was based on factors other than labor cost considerations.