Decision 1410E – San Joaquin Delta Community College District

SA-CE-1789-E

Decision Date: October 5, 2000

Decision Type: PERB Decision

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Perc Vol: 24
Perc Index: 31164

Decision Headnotes

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
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.