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

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Perc Vol: 21
Perc Index: 28122

Decision Headnotes

1402.00000 – GENERAL LEGAL PRINCIPLES; WAIVER
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.

1500.00000 – MISCELLANEOUS ISSUES; EDUCATION CODE
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.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.01000 – In General

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.

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

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

1000.00000 – SCOPE OF REPRESENTATION
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.

1000.00000 – SCOPE OF REPRESENTATION
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.