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Union prevails in arbitration over seven-hour day
There still seems to be confusion around the district over the seven-hour work day. Some principals are telling teachers (like they did last fall) that they must remain on campus for the full seven-hours of the 'official' work day despite Article 7.2.1 which allows principals to approve time off campus.
Last year in a memorandum to all schools, the superintendent, directed principals to tell teachers that they were to work an inflexible seven-hour schedule on-site. This was contrary to the contract provision that allows administrators to approve the hours teachers worked off campus to count towards the seven-hour contractual day.
Unilateral changes in employment terms and working conditions is an unfair labor practice
When employees are covered by collective bargaining agreements, it is an unfair labor practice for employers to make unilateral changes in the terms and conditions of employment. The union declared that the school district had committed an unfair labor practice and filed unfair practice charges with the Public Employees Relations Board (PERB). Last spring, the case was heard in arbitration.Article 7.2.1 defines administrators’ discretion, flexibility
The arbitration was halted when the district’s lawyer stipulated that the union contract does indeed allow site administrators flexibility and discretion in approving time worked away from the school site. The approved time counts as part of the employee’s seven-hour work day.The memoranda from the superintendent and district’s labor relations officer had led principals to believe that they no longer could recognize time spent away from campus as part of the workday.
Since from the outset, the union contended that the contract allowed administrators this flexibility, there appeared to be nothing left in the case to argue.The district asked the union to acknowledge that the seven-hour day or 35-hour week is on site except to the extent that site administrators exercise their right to make exceptions. Since Article 7.2.1 already speaks to that, UESF considers the district’s recognition of the collective bargaining agreement to be a victory and a vindication of the negotiations process.
Download the arbitration transcript here. (You need Acrobat Reader to view the document.)
