Decision 2048E – San Francisco Unified School District * * * OVERRULED IN PART by Rio Hondo Community College District (2013) PERB Decision No. 2313-E
SF-CE-2690-E
Decision Date: June 30, 2009
Decision Type: PERB Decision
* * * OVERRULED IN PART by Rio Hondo Community College District (2013) PERB Decision No. 2313-E * * *
Description: UESF alleged that the District made an unlawful unilateral change by changing the location to which special education aides reported for duty each day.
Disposition: The Board affirmed the Board agent’s dismissal of the charge. Employees’ reporting location is not within the scope of representation. The charge failed to allege facts showing the change in reporting location had any actual impact on employees’ workday or wages. The Board also found good cause to accept the District’s late filed response to the appeal because the delay resulted from a clerical error and did not prejudice UESF.
Perc Vol: 33
Perc Index: 123
Decision Headnotes
601.01000 – In General, Per Se and Totality of Conduct; Prima Facie Case
* * * OVERRULED IN PART by Rio Hondo Community College District (2013) PERB Decision No. 2313-E, where the Board held that a demand to bargain only needs to identify potential prospective effects, not actual effects. * * *
No prima facie case of bad faith bargaining because charge failed to establish employer was obligated to bargain over change in employees’ reporting location. Employees’ reporting location is not within the scope of representation under EERA and the charge did not establish that the employer’s decision to change employees’ reporting location had any actual effect on subjects within the scope of representation.
601.03000 – Decision vs Effects Bargaining
* * * OVERRULED IN PART by Rio Hondo Community College District (2013) PERB Decision No. 2313-E, where the Board held that a demand to bargain only needs to identify potential prospective effects, not actual effects. * * *
Employees’ reporting location is not within the scope of representation under EERA. Charge failed to establish that the employer’s decision to change employees’ reporting location had any actual effect on subjects within the scope of representation. Thus, the employer had no duty to bargain with the union over the decision or its effects prior to implementing the change in reporting location.
602.01000 – In General
* * * OVERRULED IN PART by Rio Hondo Community College District (2013) PERB Decision No. 2313-E, where the Board held that a demand to bargain only needs to identify potential prospective effects, not actual effects. * * *
No prima facie case of unlawful unilateral change because the change did not concern a matter within the scope of representation. Employees’ reporting location is not within the scope of representation under EERA and the charge did not establish that the employer’s decision to change employees’ reporting location had any actual effect on subjects within the scope of representation.
1000.01000 – In General; Test for Subjects Not Specifically Enumerated
* * * OVERRULED IN PART ON OTHER GROUNDS by Rio Hondo Community College District (2013) PERB Decision No. 2313-E. * * *
Employees’ reporting location is not within the scope of representation under EERA.
1000.02080 – Length of Work Day
* * * OVERRULED IN PART ON OTHER GROUNDS by Rio Hondo Community College District (2013) PERB Decision No. 2313-E. * * *
Allegation that change in reporting location increased employees’ commute time did not establish an effect on the length of employees’ workday because unpaid commute time is not considered part of the workday.
1000.02125 – Salaries or Wages
* * * OVERRULED IN PART ON OTHER GROUNDS by Rio Hondo Community College District (2013) PERB Decision No. 2313-E. * * *
Employer-provided or subsidized parking is an emolument of value gained in the course of employment and therefore constitutes wages. Allegation that change in reporting location would require employee to pay for parking did not establish a change in wages because no allegation that employer had previously provided employee parking or that employee had actually paid to park as a result of the change.
1000.02164 – Other
* * * OVERRULED IN PART ON OTHER GROUNDS by Rio Hondo Community College District (2013) PERB Decision No. 2313-E. * * *
Employees’ reporting location is not within the scope of representation under EERA.
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
* * * OVERRULED IN PART ON OTHER GROUNDS by Rio Hondo Community College District (2013) PERB Decision No. 2313-E. * * *
PERB Regulation 32136 authorizes the Board to excuse a late filing upon a showing of good cause. Good cause found to excuse late filing of response to appeal when delay caused by clerical error and no prejudice to other party.