Decision 1215S – State of California (Department of Youth Authority)
SA-CE-966-S
Decision Date: August 11, 1997
Decision Type: PERB Decision
Description: Union appealed partial dismissal of unfair practice charge that the State unilaterally changed teacher shifts and assignments and assigned work during preparation time.
Disposition: Dismissed. Union had waived right to negotiate over decision to change teacher shifts and assign work in the contract.
Perc Vol: 21
Perc Index: 28143
Decision Headnotes
1402.03000 – By Contract/Zipper Clauses/Management Rights Clauses
In the contract, the union waived its right to negotiate over a decision to change teachers shifts and assign work to teachers during their preparation periods.
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession
In the contract, the union waived its right to negotiate over a decision to change teachers shifts and assign work to teachers during their preparation periods.
1000.02164 – Other
Reassignment from regular classes to relief assignments is not within the scope of representation.
1100.01000 – In General/Prima Facie Case
The charging party's burden is to include the who, what, when, where and how of an unfair practice. (State of California (Department of Food and Agriculture) (1994) PERB Decision No. 1071-S, citing United Teachers-Los Angeles (Ragsdale) (1992) PERB Decision No. 944.) Legal conclusions are insufficient to state a prima facie case. (Charter Oak Unified School District (1991) PERB Decision No. 873.)