Decision 0146E – San Francisco Community College District

SF-CE-223

Decision Date: November 25, 1980

Decision Type: PERB Decision

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Perc Vol: 4
Perc Index: 11199

Decision Headnotes

1103.00000 – CASE PROCESSING PROCEDURES; COMPLAINT
1103.12000 – Concurrent or Derivative Violations

Unilateral change in negotiable subject denies employee organization the right to represent its member and is concurrent violation of section 3543.5(b). Same act also violates section 3543.5(a) by interfering with employee rights to exercise their right to representation.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.05000 – Past Practice; Maintenance of Status Quo

Stipends for serving as department chair may not be removed unilaterally once they become a regular and expected part of employee compensation. Employer's claim that employees no longer perform additional duties by serving as department chairs is negotiating argument.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.03000 – Business Necessity; Employer Financial Position

Fears of economic problems in the wake of passage of Proposition 13 do not justify employer's unilateral elimination of supervisory stipends, certain fringe benefits and salary step increments.