All notes for Subtopic 1000.02165 – Statutory Rights

DecisionDescriptionPERC Vol.PERC IndexDate
2418M Fresno County In-Home Supportive Services Public Authority
1000.2165: SCOPE OF REPRESENTATION; Statutory Rights
Although a no strikes clause is a mandatory subject of bargaining, it also affects statutory rights of employees and employee organizations. While an employer may insist to impasse on a proposal to limit or waive the right to strike, it may not unilaterally impose a waiver of the right to strike, even after bargaining in good faith to impasse. more or view all topics or full text.
3913303/30/15
2326E Los Angeles Unified School District
1000.2165: SCOPE OF REPRESENTATION; Statutory Rights
Adopting the rule set forth in McClatchy Newspaper (1996) 321 NLRB 1386, the Board held that the school district may insist to impasse, in negotiations over a successor collective bargaining agreement, on a bargaining proposal by which it seeks to retain unfettered discretion over decisions to reduce employees’ hours or work year, both mandatory subjects of bargaining; upon reaching impasse, however, the school district may not impose such a proposal as part of its last, best and final offer. more or view all topics or full text.
384509/20/13
2081S State of California (Department of Personnel Administration)
1000.2165: SCOPE OF REPRESENTATION; Statutory Rights
While the parties are free to negotiate over the inclusion of non-mandatory subjects of bargaining, an employer may not insist to impasse that a union waive statutory rights. Insistence to impasse and during impasse on the waiver of a statutory right is per se an unfair practice, provided the party opposing negotiations on the non-mandatory subject makes its objection known. more or view all topics or full text.
341011/24/09

1000.2165: SCOPE OF REPRESENTATION; Statutory Rights
As section 3543.1(a) of EERA establishes a "nonnegotiable direct right of grievance filing" in the exclusive representative, court found that exclusive representative has the statutory right to file a grievance in its own name. [228 Cal.App.3d at 508] more or view all topics or full text.
1094H California State University (Academic Professionals of California)
1000.2165: SCOPE OF REPRESENTATION; Statutory Rights
Board agent's reliance on Chula Vista City School District (1990) PERB Decision No. 834 was inappropriate as the Board has never ruled on the issue of whether a statutory right exists under HEERA for a union to file a grievance in its own name; pp. 2-4. more or view all topics or full text.
192608004/06/95
1053E Rowland Unified School District
1000.2165: SCOPE OF REPRESENTATION; Statutory Rights
The parties to a collective bargaining agreement may agree to contractual language specifically waiving or limiting the right to bargain about particular matters; p. 9. An employer may not, following impasse, unilaterally impose a waiver of an exclusive representative's statutory right to bargain. Such a waiver of the statutory right to bargain may only occur within the context of a mutually agreed collective bargaining agreement; p. 10. Duration of agreement provisions do not act as a waiver clause barring all negotiations for the specified period; p. 11. more or view all topics or full text.
182512609/01/94
1027E Buena Park School District
1000.2165: SCOPE OF REPRESENTATION; Statutory Rights
Government Code section 3543.2(d) clearly indicates that Education Code section 45028 may be overridden by agreement in cases of additional compensation, e.g., in the form of anniversary increments. Insistence to impasse on this subject is not bad faith bargaining. more or view all topics or full text.
182501411/24/93
0844E Mt. Diablo Unified School District
1000.2165: SCOPE OF REPRESENTATION; Statutory Rights
Exclusive representative's right to file grievances in its own name is a statutory right and therefore nonmandatory subject of bargaining. Exclusive representative's right to take a grievance to arbitration without the consent of the individual grievance is a statutory right and is therefore a nonmandatory subject of bargaining. more or view all topics or full text.
142119210/01/90
0834E Chula Vista City School District
1000.2165: SCOPE OF REPRESENTATION; Statutory Rights
Exclusive representative does not have right to be present at grievance meetings where employees do not seek representation by the representative - thus it is not nonmandatory subject of bargaining. Exclusive representative's right to file grievances in its own name is a statutory right and therefore nonmandatory subject of bargaining; pp. 23, 28. Exclusive representative's right to take a grievance to arbitration without the consent of the individual grievant is a statutory right and is therefore a nonmandatory subject of bargaining; pp. 33, 35. more or view all topics or full text.
142116208/16/90
0375E Healdsburg Union High School District and Healdsburg Union School District/San Mateo City School District
1000.2165: SCOPE OF REPRESENTATION; Statutory Rights
Inclusion in collective bargaining agreement of statutory rights established by EERA does not replace or set aside those provisions of Act, but augments and reinforces them; p. 18. more or view all topics or full text.
81502101/05/84
0917E Travis Unified School District
1000.2165: SCOPE OF REPRESENTATION; Statutory Rights
EERA section 3543.1(a) grants an exclusive representative the statutory right to represent its members by filing grievances in its own name; p. 16, proposed dec. Exclusive representative's right to file grievances in its own name is a nonmandatory subject of negotiations; insistence to impasse on a nonmandatory subject is a per se violation; p. 14-15, proposed dec. more or view all topics or full text.
162302201/03/92