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 * * *

View Full Text (PDF)

Perc Vol: 28
Perc Index: 176

Decision Headnotes

1000.00000 – SCOPE OF REPRESENTATION
1000.02068 – Instructional 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.

1000.00000 – SCOPE OF REPRESENTATION
1000.02078 – Length of Instructional Day

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.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.02000 – Investigation of Charge

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.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.08000 – Pleading Requirements

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.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.03000 – Remand for Further Hearing; Remand to General Counsel

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.