Decision 1198E – San Ysidro School District

LA-CE-3597

Decision Date: May 7, 1997

Decision Type: PERB Decision

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Perc Vol: 21
Perc Index: 28095

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

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.

1000.00000 – SCOPE OF REPRESENTATION
1000.02115 – Reduction in Hours/Workday/Worktime/Workyear

The decision to reduce an employee's hours is within the scope of bargaining.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.13000 – Administrative and Judicial Notice

Board may take official notice of its own records - including representation files.

1201.00000 – REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS
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.

1500.00000 – MISCELLANEOUS ISSUES; EDUCATION CODE
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.