Decision 1525E – Huntington Beach Union High School District
LA-CE-4234-E
Decision Date: May 14, 2003
Decision Type: PERB Decision
Description: The Board found that the District violated EERA by unilaterally modifying the hours of employment of three new positions in an existing classification.
Disposition: Violation found. A change in the hours of employment of vacant positions is a matter within the scope of representation. This remains true even where the change is prompted by an employer’s decision to alter its nature, direction, or level of service. To the extent that the Board’s prior decisions in Arcata Elementary School District (1996) PERB Decision No. 1163, East Side Union High School District (1999) PERB Decision No. 1353, Antelope Valley Union High School District (2000) PERB Decision No. 1402, hold otherwise, they are overruled.
Perc Vol: 27
Perc Index: 76
Decision Headnotes
1000.02064 – Hours of Work
A change in the hours of employment of vacant positions is a matter within the scope of representation. This remains true even where the change is prompted by an employer’s decision to alter its nature, direction, or level of service. To the extent that the Board’s prior decisions in Arcata Elementary School District (1996) PERB Decision No. 1163, East Side Union High School District (1999) PERB Decision No. 1353, Antelope Valley Union High School District (2000) PERB Decision No. 1402, hold otherwise, they are overruled.
1000.02091 – New Positions
A change in the hours of employment of vacant positions is a matter within the scope of representation. This remains true even where the change is prompted by an employer’s decision to alter its nature, direction, or level of service. To the extent that the Board’s prior decisions in Arcata Elementary School District (1996) PERB Decision No. 1163, East Side Union High School District (1999) PERB Decision No. 1353, Antelope Valley Union High School District (2000) PERB Decision No. 1402, hold otherwise, they are overruled.