Decision 1206E – San Ysidro School District (California School Employees Association and Its San Ysidro Chapter #154))
LA-CE-3654
Decision Date: June 23, 1997
Decision Type: PERB Decision
Description: District appealed finding that it unlawfully converted a position into two part-time positions.
Disposition: Violation found. District ordered to cease and desist, and to restore the position to its prior status.
Perc Vol: 21
Perc Index: 28122
Decision Headnotes
1402.03000 – By Contract/Zipper Clauses/Management Rights Clauses
District's contractual right to classify, reclassify and abolish positions does not include right to modify the number of hours in a vacant position based on labor cost considerations: waiver of union's right to meet and confer must be clear and unmistakable; p. 8, proposed dec.
1500.03000 – Education Code Sections Considered by PERB (By Subject)
Education Code provisions which give District authority to create positions and assign employees to those positions does not encompass the right to reduce the number of hours in a vacant position based on labor cost considerations; p. 9, proposed dec.
602.01000 – In General
Where District proffered no credible rationale for change and where CBA limited benefits to those employees who worked at least half time, the Board inferred that the District's conversion of one 7-hour per day position into two 3.5 hour per day positions was effected for labor cost considerations and, therefore, negotiable; p. 7, proposed dec.
608.06000 – Management-Rights Clause; Management Prerogative
District's contractual right to classify, reclassify and abolish positions does not include right to modify the number of hours in a vacant position based on labor cost considerations: waiver of union's right to meet and confer must be clear and unmistakable; p. 8, proposed dec. Education Code provisions which give District authority to create positions and assign employees to those positions does not encompass the right to reduce the number of hours in a vacant position based on labor cost considerations; p. 9, proposed dec.
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession
District's contractual right to classify, reclassify and abolish positions does not include right to modify the number of hours in a vacant position based on labor cost considerations: waiver of union's right to meet and confer must be clear and unmistakable; p. 8, proposed dec. Education Code provisions which give District authority to create positions and assign employees to those positions does not encompass the right to reduce the number of hours in a vacant position based on labor cost considerations; p. 9, proposed dec.
1000.02064 – Hours of Work
Where District proffered no credible rationale for change and where CBA limited benefits to those employees who worked at least half time, the Board inferred that the District's conversion of one 7-hour per day position into two 3.5 hour per day positions was effected for labor cost considerations and, therefore, negotiable; p. 7, proposed dec.
1000.02115 – Reduction in Hours/Workday/Worktime/Workyear
Where District proffered no credible rationale for change and where CBA limited benefits to those employees who worked at least half time, the Board inferred that the District's conversion of one 7-hour per day position into two 3.5 hour per day positions was effected for labor cost considerations and, therefore, negotiable; p. 7, proposed dec.