Decision 1639E – Salinas Union High School District * * * OVERRULED by Trustees of California State University (2012) PERB Decision No. 2287-H

The District’s requirement to provide instruction during the enrichment period for the first time does not involve performance of new duties but rather an alleged increase in instructional time. Changes in the length of an instructional day are a management prerogative except when such changes impact the length of the employees’ workday or duty-free time. The burden is on the charging party to show such impact. The Federation did not state facts demonstrating an impact on the length of the employees’ workday or duty-free time.

The District’s requirement to provide instruction during the enrichment period for the first time does not involve performance of new duties but rather an alleged increase in instructional time. Changes in the length of an instructional day are a management prerogative except when such changes impact the length of the employees’ workday or duty-free time. The burden is on the charging party to show such impact. The Federation did not state facts demonstrating an impact on the length of the employees’ workday or duty-free time.

The District’s requirement to provide instruction during the enrichment period for the first time does not involve performance of new duties but rather an alleged increase in instructional time. Changes in the length of an instructional day are a management prerogative except when such changes impact the length of the employees’ workday or duty-free time. The burden is on the charging party to show such impact. The Federation did not state facts demonstrating an impact on the length of the employees’ workday or duty-free time.

The District’s requirement to provide instruction during the enrichment period for the first time does not involve performance of new duties but rather an alleged increase in instructional time. Changes in the length of an instructional day are a management prerogative except when such changes impact the length of the employees’ workday or duty-free time. The burden is on the charging party to show such impact. The Federation did not state facts demonstrating an impact on the length of the employees’ workday or duty-free time.

The Federation’s request that the charge be remanded for further investigation by the General Counsel’s office was denied since there is no precedent for taking this step and the Federation had the same access to Board precedent involving these allegations as any other party coming before the Board.