All notes for Subtopic 1402.05000 – By Delaying or Failing to Request Negotiations
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 2610H | Regents of the University of California (Berkeley) (University Council-American Federation of Teachers) 1402.05000: GENERAL LEGAL PRINCIPLES; WAIVER; By Delaying or Failing to Request Negotiations A union cannot waive bargaining over a negotiable matter when it had no actual or constructive notice of the issue until after the employer had already reached a firm decision. Even if an employer does not implement the change in policy until later, or perhaps not at all, its act of reaching a firm decision to do so without first providing meaningful notice and opportunity for bargaining violates the bilateral scheme of collective bargaining contemplated by our statutes. Where, as here, the bargaining representative has no actual or constructive notice of plans to alter negotiable matters, there is no meaningful notice, and thus no issue of waiver of the right to bargain. (p. 47.) more or view all topics or full text. | 43 | 100 | 12/19/18 |
| 2055M | Metropolitan Water District of Southern California 1402.05000: GENERAL LEGAL PRINCIPLES; WAIVER; By Delaying or Failing to Request Negotiations Union waived its right to bargain by not requesting to meet and confer over a new long-term vehicle assignment policy or its effects during the five months between the union’s receipt of notice of the policy and the governing board’s adoption of the policy. more or view all topics or full text. | 33 | 144 | 08/26/09 |
| 1822E | Santee Elementary School District 1402.05000: GENERAL LEGAL PRINCIPLES; WAIVER; By Delaying or Failing to Request Negotiations 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 |
| 1347S | State of California (Department of Motor Vehicles) 1402.05000: GENERAL LEGAL PRINCIPLES; WAIVER; By Delaying or Failing to Request Negotiations Where, despite actual notice of the change, exclusive representative never requested bargaining over effects of employer's decision to implement alternate work schedule pursuant to the terms of expired collective bargaining agreement, employer's failure to negotiate said effects did not violate Act; p. 2, dismissal letter. more or view all topics or full text. | 23 | 30163 | 09/02/99 |
| 1313S | State of California (Department of Personnel Administration) 1402.05000: GENERAL LEGAL PRINCIPLES; WAIVER; By Delaying or Failing to Request Negotiations When an employer does not provide notice and the opportunity to bargain over an alleged change, the exclusive representative's failure to pursue bargaining is not considered a waiver; p. 6. When an alleged unilateral change has already been implemented, or if the employer has already made a firm decision to implement the change, the exclusive representative does not waive its right to bargain by not pursuing negotiations; pp. 6-7. The Union's cancellation of a bargaining session and decision not to pursue bargaining did not constitute a waiver of the right to bargain, and did not bar the Union from filing an unfair practice alleging an unlawful unilateral change; p. 7. more or view all topics or full text. | 23 | 30055 | 01/29/99 |
| 1085E | Cajon Valley Union School District 1402.05000: GENERAL LEGAL PRINCIPLES; WAIVER; By Delaying or Failing to Request Negotiations 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) 1402.05000: GENERAL LEGAL PRINCIPLES; WAIVER; By Delaying or Failing to Request Negotiations 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 |
| 0790E | Compton Community College District 1402.05000: GENERAL LEGAL PRINCIPLES; WAIVER; By Delaying or Failing to Request Negotiations As District's formulation and distribution of schedule did not amount to the adoption of a final work calendar, District complied with its duty to give union notice and opportunity to bargain. When union rejected offer to negotiate, District was free to implement. more or view all topics or full text. | 14 | 21051 | 02/06/90 |
| 0789E | Beverly Hills Unified School District 1402.05000: GENERAL LEGAL PRINCIPLES; WAIVER; By Delaying or Failing to Request Negotiations No waiver by inaction where decision to lay off did not put union on notice of later and separate decision to contract out; p. 9; p. 23, proposed dec. more or view all topics or full text. | 14 | 21042 | 01/19/90 |
| 0744E | Calistoga Joint Unified School District 1402.05000: GENERAL LEGAL PRINCIPLES; WAIVER; By Delaying or Failing to Request Negotiations A request to negotiate the decision to reduce hours arising out of a transfer of work is not a waiver of the right to request bargaining on the issue of transfer; pp. 9-10. more or view all topics or full text. | 13 | 20134 | 06/19/89 |
| 0595E | Placentia Unified School District * * * OVERRULED IN PART BY The Accelerated Schools (2023) PERB Decision No. 2855 * * * 1402.05000: GENERAL LEGAL PRINCIPLES; WAIVER; By Delaying or Failing to Request Negotiations * * * OVERRULED IN PART ON OTHER GROUNDS by The Accelerated Schools (2023) PERB Decision No. 2855 * * *No waiver from failure to assert right to bargain on an earlier occasion. more or view all topics or full text. | 10 | 17181 | 11/04/86 |
| 0557E | Nevada Joint Union High School District 1402.05000: GENERAL LEGAL PRINCIPLES; WAIVER; By Delaying or Failing to Request Negotiations No waiver from failure to request bargaining where decision already made. more or view all topics or full text. | 10 | 17040 | 12/31/85 |
| 0554Ea | Morgan Hill Unified School District 1402.05000: GENERAL LEGAL PRINCIPLES; WAIVER; By Delaying or Failing to Request Negotiations No waiver by failing to request bargaining after a firm decision has already been made. more or view all topics or full text. | 10 | 17071 | 03/20/86 |
| 0556E | Stanislaus County Department of Education 1402.05000: GENERAL LEGAL PRINCIPLES; WAIVER; By Delaying or Failing to Request Negotiations Union waived right to bargain effects due by its insistence on bargaining the decision and by ignoring the employer's proposals on effects; no waiver where union made oral requests and parties actually bargained. more or view all topics or full text. | 10 | 17039 | 12/31/85 |
| 0488E | Pleasant Valley School District 1402.05000: GENERAL LEGAL PRINCIPLES; WAIVER; By Delaying or Failing to Request Negotiations Union's actions with regard to earlier reductions in hours no waiver as to later reductions not yet contemplated; no waiver where union's actions, when viewed in context, constitute adequate demand to bargain; no waiver from failure to request bargaining where firm decision already made. more or view all topics or full text. | 9 | 16093 | 02/27/85 |
| 0325E | Long Beach Unified School District 1402.05000: GENERAL LEGAL PRINCIPLES; WAIVER; By Delaying or Failing to Request Negotiations Failure to request negotiations on impact of managerial decision is fatal to a later charge. Page 5 citing Newman Crows Landing. more or view all topics or full text. | 7 | 14193 | 07/08/83 |
| 0307E | Delano Joint Union High School District 1402.05000: GENERAL LEGAL PRINCIPLES; WAIVER; By Delaying or Failing to Request Negotiations As Association failed in its communications to indicate that it wished to meet and discuss the District's contemplated layoffs, the Association waived its right to bargain; p. 8. Association waives its right to bargain where it merely protests an employer's contemplated unilateral actions, but makes no meaningful attempt to request negotiations; p. 8. more or view all topics or full text. | 7 | 14146 | 05/05/83 |
| 0300E | Arvin Union School District 1402.05000: GENERAL LEGAL PRINCIPLES; WAIVER; By Delaying or Failing to Request Negotiations Because association did not have a reasonable opportunity to negotiate prior to the adoption of the policy, Association's failure to protest the adoption of the disciplinary procedures does not constitute a waiver; p. 11. more or view all topics or full text. | 7 | 14119 | 03/30/83 |
| 0252E | Los Angeles Community College District 1402.05000: GENERAL LEGAL PRINCIPLES; WAIVER; By Delaying or Failing to Request Negotiations 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. | 6 | 13241 | 10/18/82 |
| 0919E | Sylvan Union Elementary School District * * * OVERRULED IN PART by County of Santa Clara (2013) PERB Decision No. 2321-M 1402.05000: GENERAL LEGAL PRINCIPLES; WAIVER; By Delaying or Failing to Request Negotiations * * * OVERRULED IN PART by County of Santa Clara (2013) PERB Decision No. 2321-M, where the Board held that a union does not need to demand to bargain effects if the employer does not provide reasonable advance notice of the employer’s decision. * * *No prima facie violation of District's duty to bargain effects where Association receives actual notice of decision and fails to make an adequate demand to bargain. more or view all topics or full text. | 16 | 23017 | 01/07/92 |