Decision 1827E – Los Angeles Unified School District
LA-CE-4809-E
Decision Date: March 8, 2006
Decision Type: PERB Decision
Description: The Board upheld the dismissal of an unfair practice charge in which the charging party alleged the District violated EERA when it changed its past practice by contracting out bargaining unit work during District high school football games.
Disposition: The Board held when unit employees and non-unit employees have traditionally performed overlapping duties, an employer does not commit an unlawful unilateral change when it changes the ratio of work performed by these employees. Accordingly, the District did not commit an unlawful unilateral change when it increased the quantity of work performed by the non-unit employees and decreased the amount of work performed by the unit employees.
Perc Vol: 30
Perc Index: 85
Decision Headnotes
602.05000 – Impact and Extent
When the duties performed by unit and non-unit employees have traditionally overlapped, there is no unlawful transfer to work when the quantity of work performed by non-unit employees increases and the quantity of work performed by unit employees decreases. Sheriff’s deputies have long performed security along side school district police demonstrating overlapping duties.
1000.02147 – Transfer of Work Out of Unit
When the duties performed by unit and non-unit employees have traditionally overlapped, there is no unlawful transfer to work when the quantity of work performed by non-unit employees increases and the quantity of work performed by unit employees decreases. Sheriff’s deputies have long performed security along side school district police demonstrating overlapping duties.
1100.01000 – In General/Prima Facie Case
In determining whether to issue a complaint, the Board agent is to assume that the essential facts alleged in the charge are true.