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June 26, 2013

A change in the professional obligation of employees in a collective bargaining unit negotiable

A change in the professional obligation of employees in a collective bargaining unit negotiable
PERB (Case U-4144)

The unilateral reduction of the school district’s administrators’ work year [professional obligation] from 11 to 10 months -- but requiring the performance of essentially the same service -- was held to be a violation of the school district’s duty to negotiate the change with the employee organization representing the administrators’ “negotiating unit”.

The school district was directed to reinstate the administrators’ 11-month professional obligation and pay any back salary due them.

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. (Case U-4294).



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