Decision 1186E – Hacienda La Puente Unified School District
LA-CE-3603
Decision Date: February 27, 1997
Decision Type: PERB Decision
Description: District appealed finding that it unilaterally changed shift and work hours.
Disposition: Violation found. District ordered to cease and desist, and to return employee to prior shift and reimburse expenses.
Perc Vol: 21
Perc Index: 28056
Decision Headnotes
602.03000 – Change In Policy
Although impacting only one employee, the District's belief that the management rights clause authorized it to unilaterally change a unit member's shift illustrates that the decision was a change in policy and not simply an isolated breach of contract. Also, there is no evidence to suggest the District would refrain from changing more employee's shifts pursuant to the management rights clause; p. 4.
602.05000 – Impact and Extent
Although impacting only one employee, the District's belief that the management rights clause authorized it to unilaterally change a unit member's shift illustrates that the decision was a change in policy and not simply an isolated breach of contract. Also, there is no evidence to suggest the District would refrain from changing more employee's shifts pursuant to the management rights clause; p. 4.
608.01000 – In General
Although impacting only one employee, the District's belief that the management rights clause authorized it to unilaterally change a unit member's shift illustrates that the decision was a change in policy and not simply an isolated breach of contract. Also, there is no evidence to suggest the District would refrain from changing more employee's shifts pursuant to the management rights clause; p. 4.
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession
To establish waiver of an employer's refusal to bargain or unilateral change, the employer msut show that an employee organization clearly an unmistakably waived its right to bargain on the issue. The management rights clause in the instant case which allowed the District to "determine staffing patterns" and "to assign employees" did not constitute a waiver.
1000.02131 – Shift Assignments
The decision to change a unit member's shift was a change in policy and the subject to bargaining when such a change is generalized and has continuing impact on bargaining unit members.
1103.03000 – Variance of Complaint from Charge; Evidence, Findings, or Order Varying from Complaint; Events Subsequent to Charge or Complaint
Although District argues complaint concerned reclassification which wasn't proven, the disagreement centered on the shift change from the beginning and this was proven and should not be treated as an unalleged violation; p. 5.
1402.03000 – By Contract/Zipper Clauses/Management Rights Clauses
Although impacting only one employee, the District's belief that the management rights clause authorized it to unilaterally change a unit member's shift illustrates that the decision was a change in policy and not simply an isolated breach of contract. Also, there is no evidence to suggest the District would refrain from changing more employee's shifts pursuant to the management rights clause; p. 4.