Decision 0051E – Pajaro Valley Unified School District

SF-CE-38

Decision Date: May 22, 1978

Decision Type: PERB Decision

Perc Vol: 2
Perc Index: 2107

Decision Headnotes

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.05000 – Past Practice; Maintenance of Status Quo

Employer-initiated payroll deductions for dental and vision care insurance not unlawful where employer had past practice of passing on increases in costs of benefits pending negotiations.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.06000 – Change in Past Practice

Employer-initiated payroll deductions for dental and vision care insurance not unlawful where employer had past practice of passing on increases in costs of benefits pending negotiations.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.01000 – In General

Unilateral change is per se violation of duty to bargain.

101.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES
101.02000 – Conflicts Between PERB-Administered Laws and Other California Statutes; Education Code/Supersession; MMBA Supersession

ALJ properly declined to address legality of dues deductions under Ed. Code or case law where not determinative of whether unfair practice committed.