Decision 2968E – Pasadena Unified School District
LA-CE-6829-E
Decision Date: June 23, 2025
Decision Type: PERB Decision (Non-Precedential)
Description: California School Employees Association-Chapter 434 (CSEA) filed an unfair practice charge alleging that Pasadena Unified School District violated the Educational Employment Relations Act (EERA) when it unilaterally approved the reduction of hours for the Library Coordinator position without providing CSEA prior notice and an opportunity to bargain the decision and/or the effects of the decision. After a formal hearing, a PERB Administrative Law Judge issued a proposed decision finding that the District violated its duty to bargain in good faith. The proposed decision found that CSEA established a unilateral change and the District did not establish that CSEA waived its right to bargain over the reduction in hours in any form. The District filed exceptions asking the Board to reverse the proposed decision and find that the District established waiver.
Disposition: In a non-precedential decision, the Board affirmed the proposed decision. The Board first found that contract language defining reduction in hours as a layoff did not, on its own, establish waiver by contract. Second, the Board found that the District did not show that the parties fully discussed or consciously explored reduction in hours during its bargaining over layoffs provisions. Third, the Board found that CSEA did not consciously abandon its right to bargain over reductions in hours when it failed to request bargaining over many examples of reductions in hours. Finally, the Board affirmed the presumption of loss as a result of unilateral changes and required a make-whole remedy where the District presented evidence that it did not actually reduce the Library Coordinator’s hours.
Perc Vol: 50
Perc Index: 19
Decision Headnotes