Decision 1186E – Hacienda La Puente Unified School District

LA-CE-3603

Decision Date: February 27, 1997

Decision Type: PERB Decision

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Perc Vol: 21
Perc Index: 28056

Decision Headnotes

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.03000 – Contract Repudiation or Breach

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.

602.00000 – 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

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.

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

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

1000.00000 – SCOPE OF REPRESENTATION
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.

1103.00000 – CASE PROCESSING PROCEDURES; COMPLAINT
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.

1402.00000 – GENERAL LEGAL PRINCIPLES; WAIVER
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.