Decision 1198E – San Ysidro School District
LA-CE-3597
Decision Date: May 7, 1997
Decision Type: PERB Decision
Description: District appealed finding that it unlawfully reduced the hours of positions without negotiating.
Disposition: Violation found. District ordered to cease and desist, and to restore employees to previous hours with backpay plus interest.
Perc Vol: 21
Perc Index: 28095
Decision Headnotes
602.01000 – In General
Association's appearance and speech at the governing board meeting constituted a valid request to negotiate under Newman-Crows Landing Unified School District (1982) PERB Decision No. 223, since it is not essential that a request to negotiate be specific or made in a particular form, [citations] it is important for the charging party to signified its desire to negotiate to the employer; pp. 10-11, proposed dec. District board's vote to approve the reduction in hours in the face of Association's expressed concerns and demand to bargain constituted a flat refusal to negotiate; p. 11, proposed dec.
1000.02115 – Reduction in Hours/Workday/Worktime/Workyear
The decision to reduce an employee's hours is within the scope of bargaining.
1107.13000 – Administrative and Judicial Notice
Board may take official notice of its own records - including representation files.
1201.03000 – Back Pay; Interest
Administrative agencies such as PERB are not bound by the 7 percent interest rate specified in Article XV, section 1 of the California Constitution (The Regents of the University of California (1997) PERB Decision No. 1188-H); however, it is appropriate to award interest at the rate of 7 percent per annum pursuant to the Board's discretion in this case; p. 5.
1500.02000 – Education Code Sections Considered by PERB (By Number)
Education Code section 45101(g), states that a reduction in hours constitutes a layoff only if the affected employees voluntarily consent to the reduction in lieu of layoff. This section does not apply where there is no evidence that the employees in question consented to the reduction in hours in lieu of layoff; p. 4.