Decision 1652E – Lost Hills Union Elementary School District

LA-CE-4395-E

Decision Date: June 30, 2004

Decision Type: PERB Decision

Description:  ALJ held in proposed decision that District unilaterally implemented change in wage formula for composite classes of employees.

Disposition:  Board adopted ALJ decision as its own. Found statement that “ when you drive a bus you get bus pay and when you work as a custodian you get custodian pay, etc” is not clear and unambiguous statement  that could be reasonably understood to mean District was going to discontinue use of wage formula for non-driving times relative to employees working as bus drivers part of the day and in other job classifications the rest of the day.

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Perc Vol: 28
Perc Index: 191

Decision Headnotes

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.02000 – Prior Notice and Opportunity to Bargain

Statement that “when you drive a bus you get bus pay and when you work as a custodian you get custodian pay, etc” is not clear and unambiguous statement that could be reasonably understood to mean the District was going to discontinue use of the wage formula for non-driving times relative to employees working as bus drivers part of the day and in other job classifications the rest of the day.