Decision 1353E – East Side Union High School District

SF-CE-1946

Decision Date: September 30, 1999

Decision Type: PERB Decision

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Perc Vol: 23
Perc Index: 30174

Decision Headnotes

601.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000)
601.01000 – In General, Per Se and Totality of Conduct; Prima Facie Case

The District violated EERA by unilaterally converting full-time positions into multiple part-time positions, and by unilaterally changing the hours of numberous other bargaining unit positions. Because this action had the additional effect of interfering with the right of the union to represent its memebers, and the right of employees to be represented by the union, the unilateral change also was a violation of EERA section 3543.5(b) and (a); p. 12.

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

The Arcata rule was not intended, and will be applied, to grant carte blanche authority to employers to change the hours of vacant bargaining unit positions unilaterally; p. 9. The employer may not unilaterally convert a vacant full-time, full-benefit position to multiple part-time, reduced-benefit positions at substantial labor cost savings and justify the action simply because the resulting part-time positions will provide a changed level of service; p. 10. Employer can adjust hours of a vacant position unilaterally if the changes are not primarily bases on wage and benefit cost considerations.

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

The Arcata rule was not intended, and will be applied, to grant carte blanche authority to employers to change the hours of vacant bargaining unit positions unilaterally; p. 9. The employer may not unilaterally convert a vacant full-time, full-benefit position to multiple part-time, reduced-benefit positions at substantial labor cost savings and justify the action simply because the resulting part-time positions will provide a changed level of service; p. 10. Employer can adjust hours of a vacant position unilaterally if the changes are not primarily bases on wage and benefit cost considerations.

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

The Arcata rule was not intended, and will be applied, to grant carte blanche authority to employers to change the hours of vacant bargaining unit positions unilaterally; p. 9. The employer may not unilaterally convert a vacant full-time, full-benefit position to multiple part-time, reduced-benefit positions at substantial labor cost savings and justify the action simply because the resulting part-time positions will provide a changed level of service; p. 10. Employer can adjust hours of a vacant position unilaterally if the changes are not primarily bases on wage and benefit cost considerations.

1203.00000 – REMEDIES FOR UNFAIR PRACTICES; BARGAINING ORDERS; REMEDIES AGAINST EMPLOYERS
1203.01000 – In General

In a unilateral reduction of hours of a vacant position, the remedy was to direct the District to enter into negotiations over the unilateral changes immediately upon request of the union; p. 13.

1205.00000 – REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS
1205.07000 – Restoration of Status Quo

In a unilateral reduction of hours of a vacant position, the District must rescind its actions which converted full-time bargaining unit positions into multiple part-time positions and unilaterally changing the hours of other bargaining unit positions. The positions must be restored within 30 workdays from the date the Board's decision is not subject to appeal; p. 13.