Decision 0074E – Amador Valley Joint Union High School District

SF-CE-49

Decision Date: October 2, 1978

Decision Type: PERB Decision

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Perc Vol: 2
Perc Index: 2192

Decision Headnotes

1406.00000 – GENERAL LEGAL PRINCIPLES; MOOTNESS
1406.01000 – In General

A case becomes moot when the essential nature of the complaint is lost because of some superseding act of the parties; mere discontinuance of wrongful conduct not enough--there must be evidence that the party acting wrongfully has lost its power to renew its conduct; in cases clarifying parties rights and obligations under a new law, the public interest is served by deciding the underlying issue; if any material question remains to be answered, the case is not moot; pp. 5-6.

1402.00000 – GENERAL LEGAL PRINCIPLES; WAIVER
1402.03000 – 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.

1202.00000 – REMEDIES FOR UNFAIR PRACTICES; FACTORS LIMITING OR TERMINATING LIABILITY
1202.02000 – Agreement Between. the Parties

Settlement pursuant to court judgment and contract negotiations covering issue prospectively do not render allegations of unilateral change in past practice moot--if violation found, Board order could clarify parties' mutual legal rights and obligations under EERA; pp. 5-9.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.06000 – De Novo Review; Standard of Review by Board

For purposes of reviewing dismissal for failure to state a prima facie case, allegations are deemed to be true; p. 1.

603.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; BYPASSING EXCLUSIVE REP
603.04000 – Circumvention of Union; Direct Dealing With Employees

Successful completion of negotiations does not exonerate unlawful direct dealing conduct that may have occurred during course of bargaining; pp. 7-8.

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

Settlement pursuant to court judgement and contract negotiations covering issue prospectively do not render allegations of unilateral change in past practice moot--if violation found, Board order could clarify parties' mutual legal rights and obligations under EERA; pp. 5-9.

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

Successful completion of negotiations does not exonerate unlawful direct dealing conduct that may have occurred during course of bargaining; pp. 7-8.