Decision 1345E – Los Angeles Community College District

LA-CE-3945

Decision Date: September 2, 1999

Decision Type: PERB Decision

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Perc Vol: 23
Perc Index: 30166

Decision Headnotes

103.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; CONSTITUTIONALITY OF EERA, DILLS, HEERA
103.01000 – In General

The unexplained movement of individual employees from one work year schedule (D-basis) to another does not rebut the admitted practice that counselors worked D-basis before the unilateral change; p. 18, proposed dec.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.05000 – Past Practice; Maintenance of Status Quo

The unexplained movement of individual employees from one work year schedule (D-basis) to another does not rebut the admitted practice that counselors worked D-basis before the unilateral change; p. 18, proposed dec.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.06000 – Management-Rights Clause; Management Prerogative

The Board has never held that an employer can change the hours in an occupied position without negotiating, even if the purpose is to change the nature, direction or level of service; p. 17, proposed dec., citing State of California (Employment Development Department) (1998) PERB Decision No. 1284-S.

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

The number of days in a work year is a negotiable matter because it affects hours and wages, subjects specifically listed within the scope of representation in EERA section 3543.2; p. 15, proposed dec. It is undisputed that by changing the counselors from D-basis to C-basis the District: shortened the number of days in their work year, reduced their pay, eliminated several holidays, changed the beginning and ending dates of their work year and reduced the rate at which they earn retirement credits. Plainly, the shortening of the work year affected the counselors' hours of work and pay, both mandatory subjects of bargaining; p. 16, proposed dec.

1201.00000 – REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS
1201.04000 – Restoration of Benefits

The employer is ordered to reinstate the work year which had been unilaterally changed, reimburse employees for all losses incurred as a result of its unilateral action, reimburse employees for wages lost augmented by interest at the rate of seven (7) percent per annum, plus restore retirement credits to any affected employees; p. 22, proposed dec.