Decision 0094E – San Mateo County Community College District

SF-CE-224, 245

Decision Date: June 8, 1979

Decision Type: PERB Decision

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Perc Vol: 3
Perc Index: 10080

Decision Headnotes

101.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES
101.03000 – NLRA/LMRDA Precedent

NLRB precedent is applicable to analyze the duty to negotiate; pp. 10-12.

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

Lengthy discussion of federal and PERB precedent on the reasoning behind the prohibition on unilateral changes; pp. 12-17.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.11000 – Reliance on Advice of Counsel

Board rejects District's reliance on counsel argument as without authority; p. 21.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession

District must show by clear and unmistakable language or demonstrate behavior that union waived right to negotiate; no waiver found as to salary reductions, but as to involuntary leaves and health benefit costs the Board held the Association failed to demand negotiations upon being notified; p. 21.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.03000 – Business Necessity; Employer Financial Position

Subjective good faith is not sufficient even in face of Prop. 13 budget cuts; inability to pay is a negotiations issue, not a rationale for unilateral change; Board rejects "publication date" argument, no evidence that situation couldn't have been addressed in negotiations; p. 10. "Public interest" defense rejected as duplicative of business necessity defense; pp. 25-26.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.12000 – Good Faith; DeMinimus; Temporary Change

Subjective good faith is not sufficient even in face of Prop. 13 budget cuts; inability to pay is a negotiations issue, not a rationale for unilateral change; Board rejects "publication date" argument, no evidence that situation couldn't have been addressed in negotiations; p. 10.