All notes for Subtopic 1105.10000 – Parole Evidence/Bargaining History
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 2546S | State of California (Department of Forestry and Fire Protection) 1105.10000: CASE PROCESSING PROCEDURES; EVIDENCE; Parole Evidence/Bargaining History Where contract language is ambiguous, Board will examine extrinsic evidence, including bargaining history and past practice. more or view all topics or full text. | 42 | 100 | 01/29/18 |
| 2544E | Bellflower Unified School District 1105.10000: CASE PROCESSING PROCEDURES; EVIDENCE; Parole Evidence/Bargaining History In the absence of any explanation or briefing from a school district who argued that the management rights clause remained in effect after 2010, or a request for reconsideration showing both extraordinary circumstances and that the Board’s determination in a prior decision that the parties’ agreement had expired in 2010 contained prejudicial error of fact, the Board had no grounds to consider the district’s waiver defense, which was based on the management rights language, in this case. (p. 7.) The interpretation of a collective bargaining agreement is not simply a factual finding of the sort which the Board or its agents are free to disregard in a subsequent case involving the same language. Because of its significance for governing the parties’ ongoing relationship, a Board finding as to the meaning of a contract term is more akin to a question of law, particularly where, as here, the question is whether the contract itself is illegal or void for public policy, as declared by the three-year limit for collective bargaining agreements set forth in EERA section 3540.1, subdivision (h). (pp. 6-7.) more or view all topics or full text. | 42 | 70 | 12/15/17 |
| 2544E | Bellflower Unified School District 1105.10000: CASE PROCESSING PROCEDURES; EVIDENCE; Parole Evidence/Bargaining History Because the uncontradicted, unimpeached testimony of three union witnesses and one management witness was that the parties’ collective bargaining agreement had expired in 2010, the Board denied a school district’s exception arguing that the agreement’s management rights clause had remained in effect and served as a waiver of the union’s right to bargain over subcontracting of the district’s bus services. (p. 5.) Uncontradicted, unimpeached testimony at hearing is sufficient to carry the burden of proof in an unfair practice case. (PERB Reg. 32178.) more or view all topics or full text. | 42 | 70 | 12/15/17 |
| 0755S | California Correctional Peace Officers Association (Colman) 1105.10000: CASE PROCESSING PROCEDURES; EVIDENCE; Parole Evidence/Bargaining History Exclusion of testimony to explain intent of a union's bylaws is proper where no ambiguity exists on the face of the bylaws; p. 3. more or view all topics or full text. | 13 | 20160 | 07/25/89 |
| 0407E | Los Angeles Unified School District 1105.10000: CASE PROCESSING PROCEDURES; EVIDENCE; Parole Evidence/Bargaining History Evidence of bargaining history is relevant where employer unilaterally adopted new practice for distribution of overtime work and applicable contract language is ambiguous. more or view all topics or full text. | 8 | 15166 | 09/14/84 |