Decision 1402E – Antelope Valley Union High School District * * * OVERRULED by Huntington Beach Union High School District (2003) PERB Decision No. 1525
LA-CE-3865-E
Decision Date: September 5, 2000
Decision Type: PERB Decision
* * * OVERRULED by Huntington Beach Union High School District (2003) PERB Decision No. 1525 * * *
Description: The Board dismissed the unfair practice charge. The charge alleged that the employer replaced a full-time vacant cafeteria helper position with two part- time cafeteria helper positions and refused to negotiate the decision or its effects.
Disposition: Dismissed. The employer’s decision to phase out a full-time position at a particular school and to create two- part time positions was not negotiable because it represented a legitimate change in the nature, direction or level of service.
Perc Vol: 24
Perc Index: 31145
Decision Headnotes
602.01000 – In General
* * * 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. * * *
District’s decision to phase out full time position at a particular school represents a legitimate change in the nature, direction or level of service and is non-negotiable based on several factors: (1) the decision was made well before its decision to create and fill part-time positions at that school; (2) the decision is consistent with the District’s past practice; viz. a pattern of several years’ duration of leaving full-time food service positions vacant when the incumbent retired; (3) the District made the decision not to fill the full-time position at Quartz Hill independently of its decision to add a pizza machine and staff it appropriately; and (4) the decision to add the part-time positions was made in order to implement the District’s non-negotiable decision to provide a different type of service to patrons by opening a pizza parlor; due to the operating requirements of the pizza machine, a particular staffing configuration was needed in order to appropriately serve customers.
602.06000 – Change in Past Practice
* * * 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. * * *
District’s decision to phase out full time position at a particular school represents a legitimate change in the nature, direction or level of service and is non-negotiable based on several factors: (1) the decision was made well before its decision to create and fill part-time positions at that school; (2) the decision is consistent with the District’s past practice; viz. a pattern of several years’ duration of leaving full-time food service positions vacant when the incumbent retired; (3) the District made the decision not to fill the full-time position at Quartz Hill independently of its decision to add a pizza machine and staff it appropriately; and (4) the decision to add the part-time positions was made in order to implement the District’s non-negotiable decision to provide a different type of service to patrons by opening a pizza parlor; due to the operating requirements of the pizza machine, a particular staffing configuration was needed in order to appropriately serve customers.
608.06000 – Management-Rights Clause; Management Prerogative
* * * 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. * * *
District’s decision to phase out full time position at a particular school represents a legitimate change in the nature, direction or level of service and is non-negotiable based on several factors: (1) the decision was made well before its decision to create and fill part-time positions at that school; (2) the decision is consistent with the District’s past practice; viz. a pattern of several years’ duration of leaving full-time food service positions vacant when the incumbent retired; (3) the District made the decision not to fill the full-time position at Quartz Hill independently of its decision to add a pizza machine and staff it appropriately; and (4) the decision to add the part-time positions was made in order to implement the District’s non-negotiable decision to provide a different type of service to patrons by opening a pizza parlor; due to the operating requirements of the pizza machine, a particular staffing configuration was needed in order to appropriately serve customers.
1000.02064 – Hours of Work
* * * OVERRULED IN PART by Huntington Beach Union High School District (2003) PERB Decision No. 1525, pp. 2-10, 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. * * *
District’s decision to phase out full time position at a particular school represents a legitimate change in the nature, direction or level of service and is non-negotiable based on several factors: (1) the decision was made well before its decision to create and fill part-time positions at that school; (2) the decision is consistent with the District’s past practice; viz. a pattern of several years’ duration of leaving full-time food service positions vacant when the incumbent retired; (3) the District made the decision not to fill the full-time position at Quartz Hill independently of its decision to add a pizza machine and staff it appropriately; and (4) the decision to add the part-time positions was made in order to implement the District’s non-negotiable decision to provide a different type of service to patrons by opening a pizza parlor; due to the operating requirements of the pizza machine, a particular staffing configuration was needed in order to appropriately serve customers.
1000.02164 – Other
* * * 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. * * *
District’s decision to phase out full time position at a particular school represents a legitimate change in the nature, direction or level of service and is non-negotiable based on several factors: (1) the decision was made well before its decision to create and fill part-time positions at that school; (2) the decision is consistent with the District’s past practice; viz. a pattern of several years’ duration of leaving full-time food service positions vacant when the incumbent retired; (3) the District made the decision not to fill the full-time position at Quartz Hill independently of its decision to add a pizza machine and staff it appropriately; and (4) the decision to add the part-time positions was made in order to implement the District’s non-negotiable decision to provide a different type of service to patrons by opening a pizza parlor; due to the operating requirements of the pizza machine, a particular staffing configuration was needed in order to appropriately serve customers.