Decision 0105E – San Francisco Community College District
SF-CE-201
Decision Date: October 12, 1979
Decision Type: PERB Decision
Perc Vol: 3
Perc Index: 10127
Decision Headnotes
1502.01000 – In General
When "emergency" created by Prop. 13 arose, District should have scheduled special meetings to consider resolution of problems, not delayed negotiations until regularly noticed public meetings; pp. 11-12.
608.03000 – Business Necessity; Emergency Exception
Passage of Prop. 13 insufficient to justify refusal to bargain; pp. 8-11. When confronted with economic reversal of unknown proportions, district may not take unilateral action on matters within scope; pp. 10-11.
1502.07000 – Scope of Obligation
When "emergency" created by Prop. 13 arose, District should have scheduled special meetings to consider resolution of problems, not delayed negotiations until regularly noticed public meetings; pp. 11-12.
605.01000 – Outright Refusal to Bargain
Duty to bargain does not imply a duty to reach an agreement; p. 13.
608.01000 – In General
Constitutional provision prohibiting debt incurring beyond revenues does not excuse refusal to bargain; pp. 12-13. Contract law defenses separate from negotiating issues and irrelevant in light of PERB's jurisdiction; pp. 17-18.
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession
Board will not readily infer a party has waived its rights; no waiver found where Federation repeated its demand to negotiate until District implemented unilateral change.
1103.12000 – Concurrent or Derivative Violations
Refusal to negotiate over matter within scope of representation denied organization rights and individual employee rights and thus concurrently violated EERA 3543.1(a) and (b); disapproves statements to contrary in No. 69.