Decision 1410E – San Joaquin Delta Community College District
SA-CE-1789-E
Decision Date: October 5, 2000
Decision Type: PERB Decision
Description: The Board dismissed the unfair practice charge, which alleged that the employer violated EERA when it denied certain counselors’ requests to move to alternate calendars.
Disposition: Dismissed. The employer did not alter an existing policy when it denied employees’ request to work an alternate calendar because the parties’ agreement does not give employees the right to demand such a calendar.
Perc Vol: 24
Perc Index: 31164
Decision Headnotes
602.06000 – Change in Past Practice
CBA language providing that "Assignment to alternate calendars will be made by first asking for volunteers and then by assignment in reverse order of seniority" does not establish a past practice as described by the charging party because the concept of volunteering does not carry with it a reciprocal obligation for the recipient of the offer to accept the volunteer's offer of service.) (The parties' agreement contains a policy of permitting persons to volunteer for alternative calendar assignments. It does not, however, obligate the employer to honor the requests of counselors in a "traditional calendar only" program to work an alternate calendar simply because they volunteered to do so. Accordingly, when the District denied requests of such counselors to work an alternate calendar, it did not alter an existing policy and did not violate the EERA.