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.
Perc Vol: 28
Perc Index: 128
Decision Headnotes
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.
1100.01000 – 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.
1101.01000 – 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.
1107.06000 – 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.
1107.01000 – 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.