EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES – Management-Rights Clause; Management Prerogative

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608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.06000 – Management-Rights Clause; Management Prerogative

* * * OVERRULED IN PART by Los Angeles Unified School District (2017) PERB Decision No. 2518, where the Board held that a broadly worded provision allowing the employer to adopt any policy not in conflict with the collective bargaining agreement does not waive the union’s right to bargain over a new policy within the scope of representation. * * *

Union waived right to negotiate staff development by agreeing to a broad management rights/zipper clause which gave the employer the discretion to determine adoption and institution of all past, existing and future policies, procedures, etc., not embodied in contract; pp. 9-10.