Decision 1353E – East Side Union High School District * * * OVERRULED by Huntington Beach Union High School District (2003) PERB Decision No. 1525

* * * OVERRULED IN PART ON OTHER GROUNDS by Huntington Beach Union High School District (2003) PERB Decision No. 1525. * * *

The District violated EERA by unilaterally converting full-time positions into multiple part-time positions, and by unilaterally changing the hours of numerous other bargaining unit positions. Because this action had the additional effect of interfering with the right of the union to represent its members, 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.

* * * OVERRULED IN PART by Huntington Beach Union High School District (2003) PERB Decision No. 1525, where the Board held a change in work hours for a vacant position falls within the scope of representation, even where the change is prompted by an employer’s decision to alter its nature, direction, or level of service. * * *

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.

* * * OVERRULED IN PART by Huntington Beach Union High School District (2003) PERB Decision No. 1525 where the Board held a change in work hours for a vacant position falls within the scope of representation, even where the change is prompted by an employer’s decision to alter its nature, direction, or level of service. * * *

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.

* * * OVERRULED IN PART by Huntington Beach Union High School District (2003) PERB Decision No. 1525, where the Board held a change in work hours for a vacant position falls within the scope of representation, even where the change is prompted by an employer’s decision to alter its nature, direction, or level of service. * * *

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.

* * * OVERRULED IN PART ON OTHER GROUNDS by Huntington Beach Union High School District (2003) PERB Decision No. 1525. * * *

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.

* * * OVERRULED IN PART ON OTHER GROUNDS by Huntington Beach Union High School District (2003) PERB Decision No. 1525. * * *

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.