Decision 0094E – San Mateo County Community College District
Decision Date: June 8, 1979
Decision Type: PERB Decision
Perc Vol: 3
Perc Index: 10080
101.03000 – NLRA/LMRDA Precedent
NLRB precedent is applicable to analyze the duty to negotiate; pp. 10-12.
602.01000 – In General
Lengthy discussion of federal and PERB precedent on the reasoning behind the prohibition on unilateral changes; pp. 12-17.
608.11000 – Reliance on Advice of Counsel
Board rejects District's reliance on counsel argument as without authority; p. 21.
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.
608.12000 – 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.