Decision 0325E – Long Beach Unified School District
LA-CE-1634
Decision Date: July 8, 1983
Decision Type: PERB Decision
Perc Vol: 7
Perc Index: 14193
Decision Headnotes
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession
Failure to request negotiations on impact of managerial decision is fatal to a later charge. Page 4 citing Newman Crows Landing.
1000.02125 – Salaries or Wages
Salaries are negotiable.
1000.02146 – Transfer of Employee(s)
Transfers are negotiable.
101.02000 – Conflicts Between PERB-Administered Laws and Other California Statutes; Education Code/Supersession; MMBA Supersession
Education Code section may cite references to wages and transfers - but PERB does not enforce Education Code. Board declined to determine whether Education Code provisions preempt District's obligation to negotiate; p. 3, fn. 5.
102.02000 – Concurrent or Conflicting Jurisdiction with Other Agencies or Courts; Interpretation or Enforcement of Other Statutes
PERB is obligated to harmonize but not enforce Education Code provisions.
601.02000 – Persons Required to Bargain; Alter Egos, Joint Employers (See also 201)
Employer who did not initiate transfers--obligated to bargain on demand--but not obligated to give notice to employee organization; p. 4. Charge against receiving District - not transferring employer changes the obligation of employee organization. Employee organization has initial burden of demanding to negotiate on behalf of new employees; p. 4.
602.02000 – Prior Notice and Opportunity to Bargain
Employer who did not initiate transfers--obligated to bargain on demand--but not obligated to give notice to employee organization; p. 4. Charge against receiving District - not transferring employer changes the obligation of employee organization. Employee organization has initial burden of demanding to negotiate on behalf of new employees; p. 4.
1500.01000 – In General
Education Code section may cite references to wages and transfers - but PERB does not enforce Education Code. Board declined to determine whether Education Code provisions preempt District's obligation to negotiate; p. 3, fn. 5.
1402.05000 – By Delaying or Failing to Request Negotiations
Failure to request negotiations on impact of managerial decision is fatal to a later charge. Page 5 citing Newman Crows Landing.
1407.01000 – General Principles
Board has duty to harmonize Education Code and EERA.
1500.02000 – Education Code Sections Considered by PERB (By Number)
While Education sections 44903.7 and 45028 contain references to wages and trasfer policy, PERB is not empowered to enforce Ed. Code.