All notes for Subtopic 1402.04000 – By Acquiescence/Conduct
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 2847M | * * * JUDICIAL APPEAL PENDING * * * Kern County Hospital Authority 1402.04000: GENERAL LEGAL PRINCIPLES; WAIVER; By Acquiescence/Conduct Where the employer asserts contractual waiver and waiver by inaction, the employer bears the burden of proving clear and unmistakable waiver, viz., that the union intentionally relinquished its right. (City of Culver City (2020) PERB Decision No. 2731-M, p. 13, and adopting proposed decision at p. 23.) PERB resolves any doubt against finding waiver. (County of Merced (2020) PERB Decision No. 2740-M, p. 10.) (pp. 13-14.) more or view all topics or full text. | 12/20/22 | ||
| 2598S | State of California (Department of Corrections and Rehabilitation) * * * Remedial Order SUPERSEDED by State of California (Department of Corrections and Rehabilitation) (2022) PERB Decision No. 2598a-S 1402.04000: GENERAL LEGAL PRINCIPLES; WAIVER; By Acquiescence/Conduct * * * Remedial Order SUPERSEDED by State of California (Department of Corrections and Rehabilitation) (2022) PERB Decision No. 2598a-S. * * *An employee does not waive her right to union representation by signing an acknowledgement of the employer’s rule that she is subject to search at any time while on the employer’s grounds. (p. 14.) more or view all topics or full text. | 43 | 78 | 11/26/18 |
| 2602M | City of Commerce 1402.04000: GENERAL LEGAL PRINCIPLES; WAIVER; By Acquiescence/Conduct Union’s failure to cite legal authority against employer’s intended course of action does not absolve the employer of interfering with employee and union rights. more or view all topics or full text. | 43 | 89 | 12/11/18 |
| 2475E | United Teachers of Los Angeles (Raines, et al) 1402.04000: GENERAL LEGAL PRINCIPLES; WAIVER; By Acquiescence/Conduct Because “waiver” generally denotes a voluntary relinquishment of a known right, there can be no waiver where there is no actual or constructive notice that a right is being relinquished. Employees cannot have acquiesced or waived their right to give input on a change in their collectively-bargained seniority rights or priority order when they neither knew nor reasonably should have known that the representative was considering modifying seniority or priority rights. more or view all topics or full text. | 40 | 147 | 02/29/16 |
| 2443M | City of Milpitas 1402.04000: GENERAL LEGAL PRINCIPLES; WAIVER; By Acquiescence/Conduct The union president made a bargaining demand in his March 5, 2012, e-mail to the City Manager. Any waiver of a right to bargain over a negotiable contracting out decision must be clear and unmistakable. Therefore, the union’s March 5, 2012, bargaining demand obviates a determination that the union waived its right to bargain by inaction. more or view all topics or full text. | 40 | 36 | 07/29/15 |
| 1822E | Santee Elementary School District 1402.04000: GENERAL LEGAL PRINCIPLES; WAIVER; By Acquiescence/Conduct A valid request to negotiate will be found if it adequately indicates a desire to negotiate on a subject within scope. (Newman-Crows Landing Unified School District (1982) PERB Decision No. 223.) In this case, STA made a reasoned decision not to demand to barain the adoption of the Board Policy after being given 2 weeks notice of the Board’s intent. Protests over District’s contemplated change is not a demand to bargain. An employer is obligated to provide the exclusive representative with notice and an opportunity to negotiate over the effects of its decisions that have an impact upon matters within scope. (Oakland Unified School District (1985) PERB Decision No. 540.) Union did not waive its right to negotiate the impacts of the Board Policy because it had waived its right to negotiate over the decision to adopt the BP. more or view all topics or full text. | 30 | 72 | 02/22/06 |
| 1296S | State of California (Department of Personnel Admin) 1402.04000: GENERAL LEGAL PRINCIPLES; WAIVER; By Acquiescence/Conduct Adopting and publishing regulations changing travel reinbursement rates for excluded employees does not constitute constructive notice of change in past practice for unit members sufficient to start limitations period; p. 17, proposed dec; Employer mentioning during negotiations of proposed changes in excluded employees travel rules did not give notice to union that its members would not have the same changes applied to them under the expired contract clause. more or view all topics or full text. | 23 | 30009 | 10/22/98 |
| 1270E | San Bernardino City Unified School District * * * OVERRULED IN PART by Contra Costa Community College District (2019) PERB Decision No. 2652 1402.04000: GENERAL LEGAL PRINCIPLES; WAIVER; By Acquiescence/Conduct * * * OVERRULED IN PART ON OTHER GROUNDS by Contra Costa Community College District (2019) PERB Decision No. 2652. * * *Contract language that the District has the right to "maintain the efficiency of District operations" is generally-worded management rights clause, and thus will not be construed as a waiver; p. 57, proposed decision. Employer's failure to require sick leave verification consistently in the past does not preclude it from doing so in the future; p. 54, proposed decision. Union does not waive its right to negotiate by failing to request negotiations after the employer's firm decision. Speculation will not support the finding of a waiver. more or view all topics or full text. | 22 | 29113 | 06/22/98 |
| 1259E | Fall River Joint Unified School District 1402.04000: GENERAL LEGAL PRINCIPLES; WAIVER; By Acquiescence/Conduct Where District has made firm decision to implement teacher swap program, the failure of the union to request bargaining of such decision for over one year will not be considered a waiver of the right to bargain, because the request under these circumstances would be futile; p. 28, citing Archoe Union School District (1983) PERB Decision No. 360. more or view all topics or full text. | 22 | 29082 | 04/08/98 |
| 1085E | Cajon Valley Union School District 1402.04000: GENERAL LEGAL PRINCIPLES; WAIVER; By Acquiescence/Conduct Actual knowledge of a change in the hours of vacant positions is not required only constructive knowledge. The district made numerous changes in hours of vacant positions which affected every classification and occurred at almost every job site; p. 5. more or view all topics or full text. | 19 | 26063 | 03/01/95 |
| 0842H | Regents of the University of California (Davis, Los Angeles, Santa Barbara and San Diego) 1402.04000: GENERAL LEGAL PRINCIPLES; WAIVER; By Acquiescence/Conduct No waiver where employees and non-exclusive representative notified after decision to implement change was made and carried out. more or view all topics or full text. | 14 | 21189 | 09/27/90 |
| 0834E | Chula Vista City School District 1402.04000: GENERAL LEGAL PRINCIPLES; WAIVER; By Acquiescence/Conduct Party may bargain over a permissive and nonmandatory subject of bargaining without waiving the right thereafter to take the position the subject is nonmandatory. more or view all topics or full text. | 14 | 21162 | 08/16/90 |
| 0754E | Calexico Unified School District 1402.04000: GENERAL LEGAL PRINCIPLES; WAIVER; By Acquiescence/Conduct Where the union makes inquiries and is assured problem would be taken care of and demands to bargain as soon as it is on notice that the problem of contracting out has not been remedied, there is no waiver; pp. 33-35, proposed dec. more or view all topics or full text. | 13 | 20159 | 07/17/89 |
| 0680E | Poway Unified School District 1402.04000: GENERAL LEGAL PRINCIPLES; WAIVER; By Acquiescence/Conduct District's bargaining of nonmandatory subject did not constitute waiver of right to later assert its nonnegotiability. more or view all topics or full text. | 12 | 19102 | 06/15/88 |
| 0321E | Palo Verde Unified School District 1402.04000: GENERAL LEGAL PRINCIPLES; WAIVER; By Acquiescence/Conduct Contractual silence on matter within scope is not waiver. Employee organization's drop of proposal at negotiation table is not waiver. Union representative's concession conditioned where condition is not met is not waiver. Union representative's concession based upon total agreement, where not concluded before change, not waiver. more or view all topics or full text. | 7 | 14182 | 06/20/83 |
| 0215E | Barstow Unified School District 1402.04000: GENERAL LEGAL PRINCIPLES; WAIVER; By Acquiescence/Conduct Union is under no duty to demand negotiations to preserve statutory rights when faced with a fait accompli. more or view all topics or full text. | 6 | 13136 | 06/11/82 |
| 0213E | Delano Union Elementary School District 1402.04000: GENERAL LEGAL PRINCIPLES; WAIVER; By Acquiescence/Conduct No evidence of waiver of right to bargain on part of union shown; p. 15. more or view all topics or full text. | 6 | 13117 | 04/30/82 |
| 0201E | Anaheim Union High School District 1402.04000: GENERAL LEGAL PRINCIPLES; WAIVER; By Acquiescence/Conduct Waiver not shown simply because Union did not bargain before July 1 - date District believed it had to act to implement proposed change. Mutual agreement to postpone negotiations until after the July 1 date does not constitute waiver. District did not show "demonstrative behavior [by Union] waiving a reasonable opportunity to bargain over a decision not already firmly made by the employer;" p. 8. more or view all topics or full text. | 6 | 13078 | 03/26/82 |