Decision 1639E – Salinas Union High School District * * * OVERRULED by Trustees of California State University (2012) PERB Decision No. 2287-H
SF-CE-2320-E
Decision Date: June 14, 2004
Decision Type: PERB Decision
* * * OVERRULED by Trustees of California State University (2012) PERB Decision No. 2287-H * * *
Description: The Federation alleged the District unilaterally required math instructors to teach during their enrichment period without giving the Federation prior notice or opportunity to bargain over this change. The Federation also asked that the charge be remanded to the General Counsel’s office for further investigation because of the Board agent’s confusion regarding the facts as shown in the warning letter.
Disposition: The Board found that the claim involved an alleged increase in instructional time, not performance of new duties. The length of the instructional day is a managerial prerogative unless it impacts the length of the employees’ workday or duty-free time. The Federation did not show impact on the length of the workday or duty-free time. It is up to the Federation to provide a clear and concise statement of the facts alleged to comprise an unfair practice. The Federation had adequate opportunity to allege such facts and so the Board chose not to remand.
Perc Vol: 28
Perc Index: 176
Decision Headnotes
1000.02068 – Instructional Time
* * * OVERRULED IN PART by Trustees of California State University (2012) PERB Decision No. 2287-H, where the Board held that a demand to bargain only needs to identify potential prospective effects, not actual effects. * * *
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.
1000.02078 – Length of Instructional Day
* * * OVERRULED IN PART by Trustees of California State University (2012) PERB Decision No. 2287-H, where the Board held that a demand to bargain only needs to identify potential prospective effects, not actual effects. * * *
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.
1100.02000 – Investigation of Charge
* * * OVERRULED IN PART by Trustees of California State University (2012) PERB Decision No. 2287-H, where the Board held that a demand to bargain only needs to identify potential prospective effects, not actual effects. * * *
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.
1100.08000 – Pleading Requirements
* * * OVERRULED IN PART by Trustees of California State University (2012) PERB Decision No. 2287-H, where the Board held that a demand to bargain only needs to identify potential prospective effects, not actual effects. * * *
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.
1107.03000 – Remand for Further Hearing; Remand to General Counsel
* * * OVERRULED ON OTHER GROUNDS by Trustees of California State University (2012) PERB Decision No. 2287-H. * * *
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.