Decision 1969E – Beverly Hills Unified School District * * * OVERRULED IN PART by Trustees of California State University (2012) PERB Decision No. 2287-H and County of Sacramento (2013) PERB Decision No. 2315-M

LA-CE-5034-E

Decision Date: July 8, 2008

Decision Type: PERB Decision

 * * * OVERRULED IN PART by Trustees of California State University (2012) PERB Decision No. 2287-H and County of Sacramento (2013) PERB Decision No. 2315-M * * *

View Full Text (PDF)

Perc Vol: 32
Perc Index: 115

Decision Headnotes

601.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000)
601.03000 – Decision vs Effects Bargaining

District had no duty to bargain over decision to adopt policy requiring teachers to return student examinations upon parent request but did have duty to bargain over any reasonably foreseeable effects of policy on subjects within scope of representation. Charge failed to allege facts establishing that policy had negotiable effect on teachers’ work hours.

601.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000)
601.04000 – When Duty Arises/Sufficiency of Bargaining Demand

Demand to meet and confer over negotiable effects of a non-negotiable decision must identify those subjects within the scope of representation impacted by the decision as well as the specific effects over which the union wishes to bargain. Demand letter requesting to bargain over “the impact and effects of requiring tests to be released” failed to identify negotiable subjects or effects and therefore district had no duty to meet and confer with union over effects of test release policy.

1000.00000 – SCOPE OF REPRESENTATION
1000.02064 – Hours of Work

To establish a negotiable change in teachers’ work hours resulting from a non-negotiable decision, charge must allege facts establishing an actual impact on work hours, either by showing an increase in instructional time or a decrease in preparation time that has the effect of lengthening the workday or shortening existing duty-free time. Charge failed to allege facts establishing that teachers’ workday was increased by district’s adoption of policy requiring return of student examinations upon parent request.

1000.00000 – SCOPE OF REPRESENTATION
1000.02107 – Preparation Time

To establish a negotiable change in teachers’ work hours resulting from a non-negotiable decision, charge must allege facts establishing an actual impact on work hours, either by showing an increase in instructional time or a decrease in preparation time that has the effect of lengthening the workday or shortening existing duty-free time. Charge failed to allege facts establishing that teachers’ existing preparation time was insufficient for them to create new examinations that might be required as a result of district’s policy requiring return of student examinations upon parent request.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.06000 – De Novo Review; Standard of Review by Board

Board applies de novo standard when reviewing Board agent’s dismissal of an unfair practice charge. In using the phrase “free of prejudicial error” when adopting a Board agent’s warning and dismissal letters as the decision of the Board itself, PERB did not intend to establish an abuse of discretion standard of review.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.14000 – Informational Briefs

Board has discretion to accept reply briefs on appeal when briefs would aid the Board in its review of the underlying dispute, such as by raising new issues, discussing new case law, or formulating new defenses to allegations. Board exercised its discretion to accept reply briefs when briefs contained majority of parties’ arguments on disputed issue.