Decision 0105E – San Francisco Community College District

SF-CE-201

Decision Date: October 12, 1979

Decision Type: PERB Decision

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Perc Vol: 3
Perc Index: 10127

Decision Headnotes

1502.00000 – MISCELLANEOUS ISSUES; PUBLIC NOTICE
1502.07000 – Scope of Obligation

When "emergency" created by Prop. 13 arose, District should have scheduled special meetings to consider resolution of problems, not delayed negotiations until regularly noticed public meetings; pp. 11-12.

1502.00000 – MISCELLANEOUS ISSUES; PUBLIC NOTICE
1502.01000 – In General

When "emergency" created by Prop. 13 arose, District should have scheduled special meetings to consider resolution of problems, not delayed negotiations until regularly noticed public meetings; pp. 11-12.

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

Passage of Prop. 13 insufficient to justify refusal to bargain; pp. 8-11. When confronted with economic reversal of unknown proportions, district may not take unilateral action on matters within scope; pp. 10-11.

605.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; OTHER PER SE VIOLATIONS
605.01000 – Outright Refusal to Bargain

Duty to bargain does not imply a duty to reach an agreement; p. 13.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.01000 – In General

Constitutional provision prohibiting debt incurring beyond revenues does not excuse refusal to bargain; pp. 12-13. Contract law defenses separate from negotiating issues and irrelevant in light of PERB's jurisdiction; pp. 17-18.

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

Board will not readily infer a party has waived its rights; no waiver found where Federation repeated its demand to negotiate until District implemented unilateral change.

1103.00000 – CASE PROCESSING PROCEDURES; COMPLAINT
1103.12000 – Concurrent or Derivative Violations

Refusal to negotiate over matter within scope of representation denied organization rights and individual employee rights and thus concurrently violated EERA 3543.1(a) and (b); disapproves statements to contrary in No. 69.