November 18, 2011

Unilateral changes in the work year


Unilateral changes in the work year
Public Employment Relations Board, Case U-4294

The unilateral reduction of the school district’s administrator’s work year from 11 to 10 months (but requiring the performance of essentially the same service) was held to be a violation of the district’s duty to negotiate (the administrators constituted a “negotiating unit”) and back pay and restoration of the 11-month work year was ordered by PERB (Case U-4144, 1980).

In contrast, a PERB hearing officer held that the unilateral change in a district’s work day for teachers from 8 am to 3 pm to 8:30 am to 3:30 pm following good faith bargaining to impasse on the issue was not a violation of the Taylor Law even though the impasse had not been resolved at the time of the change by the district.

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