EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION) – Contract Repudiation or Breach

Single Topic for Decision 1717E


View all topics for Decision 1717E

Full Decision Text (click on the link to view): Full Text

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.03000 – Contract Repudiation or Breach

Board rejected union’s argument that district breach contract policy concerning finality of hearing officer’s decision. Regardless of any ambiguity in the contract language, Education Code section 45113, as it existed at that time, prohibited the district from delegating its authority over disciplinary actions. Thus, by statute, hearing officer’s decision was not final but rather subject to adoption by the district.