Decision 0074E – Amador Valley Joint Union High School District
SF-CE-49
Decision Date: October 2, 1978
Decision Type: PERB Decision
Perc Vol: 2
Perc Index: 2192
Decision Headnotes
1406.00000 – 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.
1402.03000 – 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.
1202.02000 – 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.
1107.06000 – 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.
603.04000 – 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.
602.06000 – 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.
602.01000 – In General
Successful completion of negotiations does not exonerate unlawful direct dealing conduct that may have occurred during course of bargaining; pp. 7-8.