Decision 1616E – San Juan Unified School District

SA-CE-2149-E

Decision Date: April 5, 2004

Decision Type: PERB Decision

Description:  The Association alleged the District, without according the Association prior notice or opportunity to bargain, unilaterally eliminated voluntary shared contract positions without obtaining the consent of the shared contract teachers.

Disposition:  The Board found that the Association did not provide specific information showing a past practice.  The CBA provisions pertaining to shared contract positions apply to the pre-retirement work program.  The shared contract positions at issue were voluntary and not part of that program.  The only CBA provision concerning the voluntary program involved the establishment of a committee to set guidelines for the voluntary program.

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Perc Vol: 28
Perc Index: 128

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

The Association has not established a past practice for which elimination of shared positions requires consent of the affected teachers. The collective bargaining agreement merely sets up a committee to create guidelines for addressing the mechanics of such positions. The only other related collective bargain agreement provision covers a pre-retirement work program, which does not apply to the positions at issue.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.01000 – In General/Prima Facie Case

The Association has not established a past practice for which elimination of shared positions requires consent of the affected teachers. The collective bargaining agreement merely sets up a committee to create guidelines for addressing the mechanics of such positions. The only other related collective bargain agreement provision covers a pre-retirement work program, which does not apply to the positions at issue. The Board must assume that the essential facts alleged in the charge are true. Disputed facts must be resolved under the Board’s hearing process. Therefore, the allegation concerning the teachers’ shared position, that the Association learned of the elimination of the shared contract position within the limitations period, is timely.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
1101.01000 – In General

The Board must assume that the essential facts alleged in the charge are true. Disputed facts must be resolved under the Board’s hearing process. Therefore, the allegation concerning the teachers’ shared position, that the Association learned of the elimination of the shared contract position within the limitations period, is timely.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.06000 – De Novo Review; Standard of Review by Board

The Board must assume that the essential facts alleged in the charge are true. Disputed facts must be resolved under the Board’s hearing process. Therefore, the allegation concerning the teachers’ shared position, that the Association learned of the elimination of the shared contract position within the limitations period, is timely.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver

The Board must assume that the essential facts alleged in the charge are true. Disputed facts must be resolved under the Board’s hearing process. Therefore, the allegation concerning the teachers’ shared position, that the Association learned of the elimination of the shared contract position within the limitations period, is timely.