All notes for Subtopic 1402.03000 – By Contract/Zipper Clauses/Management Rights Clauses

DecisionDescriptionPERC Vol.PERC IndexDate
2658M Inland Empire Utilities Agency
1402.3000: GENERAL LEGAL PRINCIPLES; WAIVER; By Contract/Zipper Clauses/Management Rights Clauses
To be effective, an alleged waiver of statutory bargaining rights must be specific, clear, and unmistakable. more or view all topics or full text.
07/24/19
2544E Bellflower Unified School District
1402.3000: GENERAL LEGAL PRINCIPLES; WAIVER; By Contract/Zipper Clauses/Management Rights Clauses
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.
427012/15/17
2544E Bellflower Unified School District
1402.3000: GENERAL LEGAL PRINCIPLES; WAIVER; By Contract/Zipper Clauses/Management Rights Clauses
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.
427012/15/17
2544E Bellflower Unified School District
1402.3000: GENERAL LEGAL PRINCIPLES; WAIVER; By Contract/Zipper Clauses/Management Rights Clauses
The Board rejected a school district’s exception that it had no notice that the ALJ considered the duration language of the parties’ agreement ambiguous or that the meaning of the duration language would be dispositive in the case by determining whether the management rights clause remained in effect. (p. 5-6.) A PERB hearing officer has the power and the duty to “[i]nquire fully into all issues and obtain a complete record upon which the decision can be rendered” and to “[r]ender and serve the proposed decision on each party.” (PERB Reg. 32170.) A hearing officer is not required to advise the parties of which factual disputes or legal issues may determine the outcome of the case, nor to make preliminary factual findings at the hearing itself so that the parties may object or offer additional evidence or argument on the issue. (Ibid.) more or view all topics or full text.
427012/15/17
2443M City of Milpitas
1402.3000: GENERAL LEGAL PRINCIPLES; WAIVER; By Contract/Zipper Clauses/Management Rights Clauses
Section 7.01.4 of the parties’ contract contains both a restriction on the City’s managerial right to conduct layoffs and a limited waiver of the union’s right to meet and confer over the decision to contract out bargaining unit work. The waiver of the union’s right to bargain is limited by the occurrence of one of the triggering events identified in Section 7.01.4, the City’s loss of Redevelopment Agency (RDA) funding or a general fund deficit of $7 million. Since there is no dispute that the City lost RDA funding in 2012, we conclude that the City was entitled to implement layoffs and contracting out of bargaining unit work subject only to reasonable notice. more or view all topics or full text.
403607/29/15
1988M City of Burbank
1402.3000: GENERAL LEGAL PRINCIPLES; WAIVER; By Contract/Zipper Clauses/Management Rights Clauses
MOU’s silence regarding arbitration discovery did not waive exclusive representative’s statutory right to information necessary and relevant to its representation of a bargaining unit member in contractual disciplinary arbitration proceedings. more or view all topics or full text.
331111/25/08
1758S State of California (Board of Prison Terms)
1402.3000: GENERAL LEGAL PRINCIPLES; WAIVER; By Contract/Zipper Clauses/Management Rights Clauses
Entire agreement clause waiving right to bargain the decision survives expiration of the MOU due to operation of Dills Act section 3517.8. more or view all topics or full text.
2910303/24/05
1724M City of Modesto
1402.3000: GENERAL LEGAL PRINCIPLES; WAIVER; By Contract/Zipper Clauses/Management Rights Clauses
An alleged past practice of health benefit parity does not supersede the clear language of the MOU, which provides a schedule of employer health care premiums for the duration of the MOU and a zipper clause that precludes bargaining on matters covered in the MOU absent the mutual agreement of the parties. Therefore, the Association has not shown that the City changed its policy. This case is distinguishable from Los Angeles Community College District (1982) PERB Decision No. 252 in which the contractual zipper clause did not allow the employer from unilaterally changing shifts without bargaining where the shifts were set forth in the contract. Under the zipper clause, the City is not obligated to negotiate a change in health benefit premiums. more or view all topics or full text.
293612/15/04
1508E San Marcos Unified School District
1402.3000: GENERAL LEGAL PRINCIPLES; WAIVER; By Contract/Zipper Clauses/Management Rights Clauses
Contract provision prohibiting “picketing,” without differentiating between forms of picketing, is insufficient to constitute a clear and unmistakable waiver if the EERA-protected right to engage in non-disruptive informational picketing. Statutorily and constitutionally protected rights – such as the right to engage in non-disruptive informational picketing, can only be divested, by employees or their exclusive representatives, through a “clear and unmistakable waiver.” more or view all topics or full text.
272701/16/03
1638H Regents of the University of California
1402.3000: GENERAL LEGAL PRINCIPLES; WAIVER; By Contract/Zipper Clauses/Management Rights Clauses
To determine whether a union has waived its right to engage in a sympathy strike, the Board uses the standard in Children’s Hospital Medical Center v. Nurses Ass’n. Under that standard, a general no-strike clause will not be read to apply to sympathy strikes unless there is extrinsic evidence demonstrating a mutual intent to include such strikes. more or view all topics or full text.
2816206/09/04
1568E Long Beach Community College District * * * OVERRULED by Long Beach Community College District (2008) PERB Decision No. 1941
1402.3000: GENERAL LEGAL PRINCIPLES; WAIVER; By Contract/Zipper Clauses/Management Rights Clauses
Union may waive right to bargain about contracting out unit work. However, such a contractual waiver will not be construed solely from a broadly based management-rights clause. Any waiver of a right to bargain over a negotiable contracting out decision must be “clear and unmistakable.” The “clear and unmistakable” standard is a high one and mandated by the Board’s previous findings that there is a strong public policy against finding waivers based on inferences. A waiver of an exclusive representative’s right to bargain will never be lightly inferred. In cases where the alleged waiver is exceptional in “breadth or severity,” the “clear and unmistakable” standard must be stringently applied. The burden of proof for establishing an affirmative defense of waiver rests exclusively with the District. Board held that contract language giving management right to “contract out work,” when read in context did not constitute a clear and unmistakable waiver without extrinsic evidence; Barstow Unified School District (1996) PERB Decision No. 1138 is overruled. more or view all topics or full text.
283312/18/03
1471E State Center Community College District
1402.3000: GENERAL LEGAL PRINCIPLES; WAIVER; By Contract/Zipper Clauses/Management Rights Clauses
General form stating an employee's choice to exclude his or her telephone number from the District's home directory insufficient expression under settlement agreement to provide union waiver of access to home telephone numbers. Exclusive right to "determine the impacts and effects of matters outside the scope of representation as permitted by the [EERA]" insufficient to constitute a waiver which would allow withholding of home telephone numbers from the union based on a general form stating an employee's choice to exclude his or her telephone number from the District's home directory publication; p. 18, proposed dec. Right to take "any action" to run the District efficiently insufficient to constitute a waiver which would allow withholding of home telephone numbers from the union based on a general form stating an employee's choice to exclude his or her telephone number from the District's home directory publication; p. 20, proposed dec. more or view all topics or full text.
263302712/12/01
1347S State of California (Department of Motor Vehicles)
1402.3000: GENERAL LEGAL PRINCIPLES; WAIVER; By Contract/Zipper Clauses/Management Rights Clauses
Where expired collective bargaining agreement provided that employer could establish alternative work schedules, Board found that employer did not unilaterally change working conditions when it implemented an alternate work schedule allowing employees to work a 4/10/40 schedule; pp. 2-3, warning letter. more or view all topics or full text.
233016309/02/99
1344S State of California (Department of Veterans Affairs)
1402.3000: GENERAL LEGAL PRINCIPLES; WAIVER; By Contract/Zipper Clauses/Management Rights Clauses
No violation found where the parties' expired memorandum of understanding provided that workweeks and workdays may be scheduled by the State in order to meet the needs of the State, so long as the State does not alter or change shifts for the purpose of avoiding overtime, and provided that it gives no less than 15 calendar days' notice of permanent shift changes. Where supervisor informed Activity Coordinators, pursuant to contractual requirements, that permanent schedule changes would take place during the following month, and announced those changes more than 15 days later, it had no obligation to meet and discuss those changes. more or view all topics or full text.
233015408/19/99
1346S State of California (Employment Development Department)
1402.3000: GENERAL LEGAL PRINCIPLES; WAIVER; By Contract/Zipper Clauses/Management Rights Clauses
Where charge failed to allege that employer deviated from the terms of the existing collective bargaining agreement in revoking bilingual pay for certain employees, Board dismissed charge for failure to state a cause of action, p. 2; dismissal letter. more or view all topics or full text.
233016409/02/99
1320E Ocean View School District
1402.3000: GENERAL LEGAL PRINCIPLES; WAIVER; By Contract/Zipper Clauses/Management Rights Clauses
Contract language permitting a school district to contract out work which may be lawfully contracted for is a clear and unmistakable waiver of the right to bargain over contracts for transportation services; p. 3, warning letter. more or view all topics or full text.
233008003/22/99
1296S State of California (Department of Personnel Admin)
1402.3000: GENERAL LEGAL PRINCIPLES; WAIVER; By Contract/Zipper Clauses/Management Rights Clauses
Contract provision which is limited to "the term of this agreement" does not constitute a waiver permitting employer to unilaterally change past practice after expiration of the agreement; p. 3. more or view all topics or full text.
233000910/22/98
1287E Antelope Valley Union High School District
1402.3000: GENERAL LEGAL PRINCIPLES; WAIVER; By Contract/Zipper Clauses/Management Rights Clauses
While certain terms and conditions of employment survive expiration of the contract, a waiver of the statutory right to bargain does not remain in effect. more or view all topics or full text.
222916809/25/98
1286E Oak Park Unified School District
1402.3000: GENERAL LEGAL PRINCIPLES; WAIVER; By Contract/Zipper Clauses/Management Rights Clauses
District had no obligation to negotiate its decision to contract out mowing services, even though mowing services had been provided by unit members in the past, because parties' contract permitted contracting out. The District does not lose a contractual right merely because it failed to previously exercise it; p. 2, dismissal letter; citation. more or view all topics or full text.
222916109/24/98
1271H Regents of the University of California (Federated University Police Officer’s Association)
1402.3000: GENERAL LEGAL PRINCIPLES; WAIVER; By Contract/Zipper Clauses/Management Rights Clauses
Charging party failed to show that University's conduct was not consistent with its rights under the agreement with the charging party. Thus, no unilateral change is described; p. 2, warning letter. more or view all topics or full text.
222911406/30/98
1255H Regents of the University of California (California Nurses Association)
1402.3000: GENERAL LEGAL PRINCIPLES; WAIVER; By Contract/Zipper Clauses/Management Rights Clauses
Broadly-worded Management-Rights clause does not entitle University to unilaterally transfer work out of bargaining unit - waiver must be clear and unmistakable; p. 41, proposed dec. more or view all topics or full text.
222906603/20/98
1201S State of California (Department of Corrections)
1402.3000: GENERAL LEGAL PRINCIPLES; WAIVER; By Contract/Zipper Clauses/Management Rights Clauses
MOU clearly sets out procedures for employee trading of monthly and daily shifts. The plain meaning of the agreement that shifts cannot be traded without supervisor approval is not superseded by the past practice of allowing employees to internally arrange their own shifts. Cites Marysville Joint Unified School District (1983) PERB Decision No. 314; p. 3, warning letter. more or view all topics or full text.
212810706/02/97
1186E Hacienda La Puente Unified School District
1402.3000: GENERAL LEGAL PRINCIPLES; WAIVER; By Contract/Zipper Clauses/Management Rights Clauses
Although impacting only one employee, the District's belief that the management rights clause authorized it to unilaterally change a unit member's shift illustrates that the decision was a change in policy and not simply an isolated breach of contract. Also, there is no evidence to suggest the District would refrain from changing more employee's shifts pursuant to the management rights clause; p. 4. more or view all topics or full text.
212805602/27/97
1138E Barstow Unified School District
1402.3000: GENERAL LEGAL PRINCIPLES; WAIVER; By Contract/Zipper Clauses/Management Rights Clauses
A waiver of the right to bargain will not be lightly inferred. Contractual waiver must be shown in clear and unmistakable contract language; p. 13. more or view all topics or full text.
202704402/20/96
1106E Moreno Valley Unified School District
1402.3000: GENERAL LEGAL PRINCIPLES; WAIVER; By Contract/Zipper Clauses/Management Rights Clauses
Contract terms will not justify a unilateral management act on a mandatory subject of bargaining unless the contract expressly or by necessary implication confers such a right; p. 9, proposed dec. Staffing pattern determinations are managerial prerogatives, not subject to negotiations. Such determinations, however, do not include changes of the shifts of individual employees once the initial assignment has been made by the employer. The right to set staffing patterns is not a clear and unmistakable waiver of the right to negotiate shift changes; p. 10, proposed dec. more or view all topics or full text.
192609905/19/95
1092E Marin Community College District
1402.3000: GENERAL LEGAL PRINCIPLES; WAIVER; By Contract/Zipper Clauses/Management Rights Clauses
Although it is well established that while a zipper clause may relieve the employer from entertaining union proposals during the life of the contract, it does not cede to the employer the right to make unilateral changes in negotiable matters not covered by the contract (cases omitted); p. 83, proposed dec. more or view all topics or full text.
192607003/21/95
1077H University of California (University of California-American Federation of Teachers)
1402.3000: GENERAL LEGAL PRINCIPLES; WAIVER; By Contract/Zipper Clauses/Management Rights Clauses
The terms of the zipper clause fixed for the life of the agreement those terms and conditions of employment established by past practice and the terms of the contract; p. 36, proposed dec. more or view all topics or full text.
192603512/16/94
1078E San Jacinto Unified School District
1402.3000: GENERAL LEGAL PRINCIPLES; WAIVER; By Contract/Zipper Clauses/Management Rights Clauses
The contract terms "times and hours of operations" are not necessarily synonymous with the employees' starting and ending times, i.e., the work schedule of individual employees; p. 23, proposed dec. In determining whether waiver of bargaining rights is clear and unmistakable express contractual terms as well as evidence of negotiating history reflecting a conscious abandonment of the right to bargain over a particular subject can be examined; p. 18, proposed dec. more or view all topics or full text.
192603612/22/94
1072H Regents of the University of California (University of California-American Federation of Teachers)
1402.3000: GENERAL LEGAL PRINCIPLES; WAIVER; By Contract/Zipper Clauses/Management Rights Clauses
Contract waiver by union is unaffected by the union's unilateral decision to consider the agreement invalid. more or view all topics or full text.
192603012/07/94
1050E Poway Unified School District
1402.3000: GENERAL LEGAL PRINCIPLES; WAIVER; By Contract/Zipper Clauses/Management Rights Clauses
Although the district may have utilized only volunteer teachers in the past to supervise student activites, under Marysville Joint Unified School District (1983) PERB Decision No. 314, the district was not precluded from enforcing the terms of the agreement to assign supervision duties to non-volunteers; p. 3, warning letter. An employer is not forever precluded from enforcing its contractual rights although it has not previously enforced them; p. 3, warning letter. more or view all topics or full text.
182510006/13/94
1019E Apple Valley Unified School District
1402.3000: GENERAL LEGAL PRINCIPLES; WAIVER; By Contract/Zipper Clauses/Management Rights Clauses
In the face of unambiguous contractual language, a vague and conclusory allegation about the "intention of the parties" unsupported by clear factual allegations is inadequate to state a prima facie case. more or view all topics or full text.
172417010/21/93
0860E Los Angeles Unified School District (United Teachers Los Angeles)
1402.3000: GENERAL LEGAL PRINCIPLES; WAIVER; By Contract/Zipper Clauses/Management Rights Clauses
Board affirmed ALJ's finding that contract wage rate provision did not apply to particular after-school program which had a distinct academic focus, in addition to a counseling and advising focus; thus, District made unlawful unilateral change when it selected a wage rate for the program; pp. 4-6; pp. 18-20, proposed dec. more or view all topics or full text.
152201512/19/90
0850H Regents of the University of California (American Federation of State, County and Municipal Employees)
1402.3000: GENERAL LEGAL PRINCIPLES; WAIVER; By Contract/Zipper Clauses/Management Rights Clauses
Union waived its right to negotiate a change in parking fees because contract permits the change. more or view all topics or full text.
142120810/30/90
0780E Sylvan Union Elementary School District
1402.3000: GENERAL LEGAL PRINCIPLES; WAIVER; By Contract/Zipper Clauses/Management Rights Clauses
No duty to negotiate effects of layoff covered by the express terms of the contract; p. 2. Under zipper clause, parties waived any duty to bargain effects of layoff not covered by the contract; p. 3. more or view all topics or full text.
142101412/05/89
0684E Los Rios Community College District
1402.3000: GENERAL LEGAL PRINCIPLES; WAIVER; By Contract/Zipper Clauses/Management Rights Clauses
Zipper clause does not allow the employer to make unilateral changes in the status quo. Regardless of the existence of a zipper clause, neither party to collective bargaining agreement has a duty to negotiate over any matter covered by the agreement during its term. Board will examine language of the zipper clause and will give it the breadth the language warrants. more or view all topics or full text.
121911206/23/88
0625E Fountain Valley Elementary School District
1402.3000: GENERAL LEGAL PRINCIPLES; WAIVER; By Contract/Zipper Clauses/Management Rights Clauses
Refusal to negotiate not waiver in absence of duty to negotiate; nonmandatory legislation does not alter waiver of right to negotiate matters set by contract. more or view all topics or full text.
111811506/23/87
0608E Long Beach Unified School District
1402.3000: GENERAL LEGAL PRINCIPLES; WAIVER; By Contract/Zipper Clauses/Management Rights Clauses
Union may waive right of access by language in contract, so long as there is no serious impairment of those access rights granted by statute; p. 17. Association waived right to object to regulations regarding 24-hour notice for access and management's right to designate meeting locations where contract specifically provided for these two limitations; pp. 17-18. more or view all topics or full text.
111802901/07/87
0595E Placentia Unified School District
1402.3000: GENERAL LEGAL PRINCIPLES; WAIVER; By Contract/Zipper Clauses/Management Rights Clauses
No waiver by abandoning effort to codify in contract existing statutory rights. Evidence insufficient to show parties intended contract provision to cover reductions, therefore no waiver. more or view all topics or full text.
101718111/04/86
0543E San Mateo Community College District
1402.3000: GENERAL LEGAL PRINCIPLES; WAIVER; By Contract/Zipper Clauses/Management Rights Clauses
Union may lawfully waive right to dues deductions; retroactive nature of later agreed-to contract does not act as waiver of right to dues deductions prior to time of agreement; agreement to extend dues deduction provisions of old contract waives right to dues deductions for applicable period after agreement. more or view all topics or full text.
101701512/13/85
1214E Bellflower Unified School District
1402.3000: GENERAL LEGAL PRINCIPLES; WAIVER; By Contract/Zipper Clauses/Management Rights Clauses
Unilateral change in staffing patterns is dismissed because District's rights clause gives control over this subject to the District. A legal conclusion that increase in work time or workload is insufficient to state a prima facie case. No assertions of employees working longer hours or cutting corners to get job done (despite increase in number of students and paperwork). more or view all topics or full text.
212812606/30/97
1215S State of California (Department of Youth Authority)
1402.3000: GENERAL LEGAL PRINCIPLES; WAIVER; By Contract/Zipper Clauses/Management Rights Clauses
In the contract, the union waived its right to negotiate over a decision to change teachers shifts and assign work to teachers during their preparation periods. more or view all topics or full text.
212814308/11/97
1206E San Ysidro School District (California School Employees Association and Its San Ysidro Chapter #154))
1402.3000: GENERAL LEGAL PRINCIPLES; WAIVER; By Contract/Zipper Clauses/Management Rights Clauses
District's contractual right to classify, reclassify and abolish positions does not include right to modify the number of hours in a vacant position based on labor cost considerations: waiver of union's right to meet and confer must be clear and unmistakable; p. 8, proposed dec. more or view all topics or full text.
212812206/23/97
0486E San Mateo County Community College District
1402.3000: GENERAL LEGAL PRINCIPLES; WAIVER; By Contract/Zipper Clauses/Management Rights Clauses
No waiver where contract silent and evidence insufficient to demonstrate waiver based on conduct in negotiations; failed attempt to codify status quo in contract does not constitute waiver of right to negotiate any proposed change in the status quo; contract did not cede to employer the right to take unilateral action. more or view all topics or full text.
91608402/13/85
0364E Anaheim City School District
1402.3000: GENERAL LEGAL PRINCIPLES; WAIVER; By Contract/Zipper Clauses/Management Rights Clauses
Settlement agreement under one contract did not apply to future negotiations or grievances arising out of subsequent contracts; p. 20. more or view all topics or full text.
81500512/14/83
0354E Palo Verde Unified School District
1402.3000: GENERAL LEGAL PRINCIPLES; WAIVER; By Contract/Zipper Clauses/Management Rights Clauses
Parties contract provided for specified holidays, is clear and unambiguous, and legislative enactment of student holiday did not remove employer's right to refuse to negotiate additional holiday. more or view all topics or full text.
71428110/28/83
0343E South San Francisco Unified School District
1402.3000: GENERAL LEGAL PRINCIPLES; WAIVER; By Contract/Zipper Clauses/Management Rights Clauses
Contract provisions incorporating personnel rules cover layoff procedures constitute waiver of right to negotiate effects of layoff. more or view all topics or full text.
71424309/02/83
0337E Kern Community College District
1402.3000: GENERAL LEGAL PRINCIPLES; WAIVER; By Contract/Zipper Clauses/Management Rights Clauses
Contract language examined and found not to absolve obligation to negotiate effects of layoff. more or view all topics or full text.
71422908/19/83
0321E Palo Verde Unified School District
1402.3000: GENERAL LEGAL PRINCIPLES; WAIVER; By Contract/Zipper Clauses/Management Rights Clauses
Contractual silence on matter within scope is not waiver. Employee organization's drop of proposal at negotiation table is not waiver. Union representative's conditioned concession where condition not met is not waiver. Union representatives concession based upon total agreement, where not concluded before change, not waiver. more or view all topics or full text.
71418206/20/83
0318Ea Pittsburg Unified School District
1402.3000: GENERAL LEGAL PRINCIPLES; WAIVER; By Contract/Zipper Clauses/Management Rights Clauses
To terminate liability for back pay, a subsequently negotiated agreement need only address the basic subject matter of the unilateral change, and need not constitute "waiver" by the association of its claim that the respondent acted unlawfully; p. 5, fn. 3. more or view all topics or full text.
81506704/02/84
0313E Grossmont Union High School District
1402.3000: GENERAL LEGAL PRINCIPLES; WAIVER; By Contract/Zipper Clauses/Management Rights Clauses
As the wording of the workload provision was sufficiently clear to establish a "clear and unmistakeable" objective meaning, the Association, by agreeing to these provisions, waived its right to negotiate over the change in the District's assignment of classes; p. 17. Exclusive representative may by contractual agreement, waive its right to negotiate a change, and the employer is thereby free to make that change; p. 11. more or view all topics or full text.
71416205/26/83
0286E Chico Unified School District
1402.3000: GENERAL LEGAL PRINCIPLES; WAIVER; By Contract/Zipper Clauses/Management Rights Clauses
No violation under Grant Joint Union HSD (1982) PERB Decision No. 196 where sick leave verification requirements during sick out were a reasonable application of the contract's provisions; p. 12. more or view all topics or full text.
71407702/22/83
0269S State of California (Department of Health Services)
1402.3000: GENERAL LEGAL PRINCIPLES; WAIVER; By Contract/Zipper Clauses/Management Rights Clauses
Union conduct did not indicate waiver of a reasonable opportunity to bargain merely because union representative acknowledged that district representative was "following orders;" pp. 12-13. more or view all topics or full text.
71402312/22/82
0252E Los Angeles Community College District
1402.3000: GENERAL LEGAL PRINCIPLES; WAIVER; By Contract/Zipper Clauses/Management Rights Clauses
Contract terms will not justify a unilateral management act on a mandatory subject of bargaining unless the contract expressly or by necessary implication confers such a right; p. 10. Purpose of zipper clause is to foreclose further requests to bargain negotiable matters during the life of a contract; it does not cede to the employer the right to make unilateral changes in the status quo; p. 11. Union does not waive its right to negotiate by failing to request negotiations where it had no notice of the intended change before the decision had been firmly made; pp. 16-17. more or view all topics or full text.
61324110/18/82
0192E Victor Valley Joint Union High School District
1402.3000: GENERAL LEGAL PRINCIPLES; WAIVER; By Contract/Zipper Clauses/Management Rights Clauses
Failure by parties to incorporate contract provision dealing with past practice of calculating salaries does not constitute waiver on part of union where contract is otherwise silent on method of calculation. more or view all topics or full text.
61302712/31/81
0999S State of California (Department of Forestry and Fire Protection)
1402.3000: GENERAL LEGAL PRINCIPLES; WAIVER; By Contract/Zipper Clauses/Management Rights Clauses
Absent some form of waiver, the duty to bargain continues during the term of the collective bargaining agreement; pp. 11-12. A waiver clause typically provides that there is no further duty to bargain specified negotiable subjects during the term of the agreement. The purpose of such a clause is to lend stability to the bargaining relationship by limiting the possibility of continuous negotiations; p. 12. Parties are free to seek negotiations on subjects within the scope of representation which are covered by an agreement which does not include a waiver clause; p. 12. more or view all topics or full text.
172411206/22/93
0987E Cupertino Union School District
1402.3000: GENERAL LEGAL PRINCIPLES; WAIVER; By Contract/Zipper Clauses/Management Rights Clauses
District cannot rely on zipper clause to make unilateral changes in policy within the scope of representation. Los Angeles Community College District (1982) PERB Decision No. 252. more or view all topics or full text.
172406904/01/93
0937E Eastside Union School District
1402.3000: GENERAL LEGAL PRINCIPLES; WAIVER; By Contract/Zipper Clauses/Management Rights Clauses
As the District Rights and Entire Agreement provisions of the collective bargaining agreement did not cover the subcontracting of bargaining unit work, the District was obligated to negotiate upon the exclusive representative's demand; pp. 2-3; 14-15, proposed dec. more or view all topics or full text.
162308406/02/92
0074E Amador Valley Joint Union High School District
1402.3000: GENERAL LEGAL PRINCIPLES; WAIVER; By Contract/Zipper Clauses/Management Rights Clauses
No waiver where contract silent on issues raised by charge; waiver must be clear and unmistakable, particular where waiver of a statutory right is asserted; p. 8. more or view all topics or full text.
2219210/02/78
0068E Mt. Diablo Unified School District (Quarrick and O'Brien)
1402.3000: GENERAL LEGAL PRINCIPLES; WAIVER; By Contract/Zipper Clauses/Management Rights Clauses
Representation clause in contract fails to constitute waiver of statutory right to bar charging parties from being represented at arbitration other than by the exclusive rep.; p. 10. more or view all topics or full text.
2217408/21/78