Decision 1345E – Los Angeles Community College District
LA-CE-3945
Decision Date: September 2, 1999
Decision Type: PERB Decision
Description: The Board found that the District violated the EERA when it reassigned counselors at West Los Angeles College from a 12- month work year to a 10-month work year without meeting and negotiating with the American Federation of Teachers College Guild.
Disposition: Violation.
Perc Vol: 23
Perc Index: 30166
Decision Headnotes
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.
608.05000 – 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.
608.06000 – 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.
1000.02115 – 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.
1201.04000 – 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.