Decision 1214E – Bellflower Unified School District

LA-CE-3746

Decision Date: June 30, 1997

Decision Type: PERB Decision

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Perc Vol: 21
Perc Index: 28126

Decision Headnotes

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.08000 – Pleading Requirements

Unilateral change in staffing patterns is dismissed because District's rights clause gives control over this subject to the District.

1000.00000 – SCOPE OF REPRESENTATION
1000.02164 – Other

Scheduling of staff meeting days not negotiable; p. 5, dismissal letter.

1102.00000 – CASE PROCESSING PROCEDURES; DEFERRAL TO ARBITRATION
1102.01000 – Pre-Arbitration

PERB lacks jurisdiction over retaliation claims because the grievance machinery of the agreement covers the dispute raised by the unfair practice charge and culminates in binding arbitration; p. 4, dismissal letter.

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

Charge does not state a prima facie case of a unilateral change, because it lacks sufficient facts to determine whether any policies were changed; p. 5, warning letter.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.06000 – Change in Past Practice

Charge does not state a prima facie case of a unilateral change, because it lacks sufficient facts to determine whether any policies were changed; p. 5, warning letter. A legal conclusion that work time or workload was increased is insufficient to state a prima facie case. No assertions of employees working longer hours or cutting corners to get job done (despite increase in number of students and paperwork).

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession

Unilateral change in staffing patterns is dismissed because District's rights clause gives control over this subject to the District.

1000.00000 – SCOPE OF REPRESENTATION
1000.02168 – Staff Development

Scheduling of staff meeting days not negotiable; p. 5, dismissal letter.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.03000 – Computation of Six-Month Period

Charge allegation that District bypassed BEA when it met with psychologists "a few days before the end of the year on June 20, 1996," was untimely, since BEA failed to establish that the June meeting with psychologists occurred within six months of dated charge filed (December 10, 1996); p. 6, dismissal letter. Since the charge does not say when District officials took action, it is not possible to determine whether the charge was timely filed; p. 5, warning letter.

1402.00000 – GENERAL LEGAL PRINCIPLES; WAIVER
1402.03000 – By Contract/Zipper Clauses/Management Rights Clauses

Unilateral change in staffing patterns is dismissed because District's rights clause gives control over this subject to the District. A legal conclusion that increase in work time or workload is insufficient to state a prima facie case. No assertions of employees working longer hours or cutting corners to get job done (despite increase in number of students and paperwork).