Decision 1616E – San Juan Unified School District
SA-CE-2149-E
Decision Date: April 5, 2004
Decision Type: PERB Decision
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.