EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES – Non-Bargaining Unit Employees; Inappropriate Bargaining Unit
Single Topic for Decision 0651E
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608.04000 – Non-Bargaining Unit Employees; Inappropriate Bargaining Unit
No subcontracting shown in District's entering into lease agreement with private institution to provide comprehensive summer school where: summer school employees not under ultimate control of District; District did not exercise control over those employees; employees were selected by private institution, subject solely to its direction, control, compensation and discharge; private party responsible for workers' compensation insurance, unemployment insurance, social security contributions, and income tax withholdings; the District did not interfere with private employer's performance of those functions; no evidence that private firm was "alter ego" of District; and, without the lease, there would have been no comprehensive summer school.