PUSD Proposes Cutting Classified Employees' Work Year by 8 Days; Union Upset

Poway Unified School District officials are proposing to cut 1,250 classified employees' work year by eight days—bringing them into alignment with other employee groups—but union leaders are saying the cut might be illegal.

The district's proposal is on the agenda for Monday's board meeting as item D-201. (The agenda is attached)

Bill Chiment, associate superintendent of personnel support services, said in a statement, "We are not recommending the elimination of any positions, so no one will be losing his or her job from this proposed action, but we are recommending a shortening of their work year by eight days beginning school next year.

"This is similar to what all other district employees have already accepted and taken."

The Poway School Employees Association has yet to settle a new contract with the district since the new union was created last year and the old collective bargaining agreement expired (though it remains in effect). The district reduced the number of instructional days by five, under a new state allowance, and also cut three more days for other employee groups to save money for the current and next school years. The classified employees—a group that includes nonteaching employees such as office workers—have not yet agreed to work year reductions.

The proposed cut would save the district $982,000 next school year, with resulting salary reductions ranging from 3.1-3.7 percent for classified employees, according to a district release. The other employee groups, such as teachers and management, received 4.3 percent salary reductions for the current and following school years as a result of the shortened work year.

A membership memo released Friday by PSEA leadership said the proposal to "unilaterally impose" a shortened work year came as a surprise, especially because contract negotiations are pending.

"Such an action would not only violate state law prohibiting such unilateral changes to our terms and conditions of employment; but by resorting to unilateral action, it would also cast significant doubt on the District's commitment to negotiate in good faith with PSEA," the memo reads.

The memo goes on to say, "The District has informed PSEA that it believes the expired CSEA Agreement gives it the right to furlough employees without negotiating with PSEA. We strongly disagree with the District's interpretation of that language."

Under question is Article 15, Section 15.2 of the expired contract, which remains in effect. The heading reads "Decision to Lay Off" and the contract says,

Whenever it becomes necessary to reduce hours or lay off employees for lack of work or lack of funds, the procedure shall be as delineated in this Article. The decision to lay off or reduce hours is solely that of the Board and shall not be bargainable or grievable.

Though the memo refers to the cut as a furlough, the proposed classified reduction would be applied as a layoff, which is different. A furlough—which other employee groups agreed to—is in effect for the duration of a contract. A layoff, however, is in effect until the hours are restored, Chiment said by phone.

The memo calls for members to attend Monday's 6 p.m. board meeting as a show of solidarity. Possible legal action also is mentioned.

"Although we hope it does not come to this, we have instructed our attorneys to take all necessary legal action to challenge this resolution if the Board adopts it," the memo reads.

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