Decision 2444E – Pasadena Area Community College District

LA-CE-5776-E

Decision Date: July 30, 2015

Decision Type: PERB Decision

Description: A community college district excepted to a proposed decision which found that the District had violated its duty to meet and confer when its governing board unilaterally decided to change the academic year from a semester to trimester basis.

Precedential Decision.  The Board affirmed the proposed decision’s finding of liability.  Because it is essential to fulfilling the district’s educational mission, the decision to change the student or academic calendar is a managerial prerogative beyond the scope of bargaining.  However, because the district could not change from a semester to trimester system without also affecting employee hours, it was not authorized to change the student calendar without first giving notice and completing negotiations with the employees’ representative

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Perc Vol: 40
Perc Index: 37

Decision Headnotes

1000.00000 – SCOPE OF REPRESENTATION
1000.02016 – Calendar

Employee work dates and hours fall within the scope of representation, notwithstanding fact that management has prerogative to establish student attendance calendar. Where employer changes academic calendar, it has a duty to bargain over decision to change employee work dates or hours; employer’s duty is not merely a duty to bargain effects of a decision on a permissive subject of bargaining. (pp. 13-15 &19.)