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.

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Perc Vol: 30
Perc Index: 85

Decision Headnotes

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.05000 – 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.

1000.00000 – SCOPE OF REPRESENTATION
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.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
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.