Decision 0116E – Davis Unified School District/New Haven Unified School District/Newark Unified School District/State Center Community College District/Centinela Valley Union High School District

S-CE-78; SF-CE-126; SF-CE-127; S-CE-80; LA-CE-180

Decision Date: February 22, 1980

Decision Type: PERB Decision

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Perc Vol: 4
Perc Index: 11031

Decision Headnotes

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

Evidence of pre-EERA employment practices relevant to determining unilateral change in past practice; pp. 20-21. Fact that District and Union were negotiating salary increments does not rebut unilateral change in salaries prior to impasse; pp. 25-26.

1000.00000 – SCOPE OF REPRESENTATION
1000.02125 – Salaries or Wages

Step and column salary increase freeze within scope; pp. 8-9.

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

Unilateral change found where District instituted a freeze on step and column salary increases even though in past practice employees regularly advanced in pay grades; pp. 9-11.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.04000 – Time of Implementation

Board rejects District argument that it had to unilaterally implement salary freeze on July 1 because it would be unable to lower after that date; pp. 11-15.

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

Subjective good faith insufficient to rebut unilateral change/refusal to negotiate change; 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

No contract waiver found where union agreed to maintain the status quo for a limited term, but that agreement had expired; pp. 16-17.

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

Financial situation does not excuse unilateral change where District had early knowledge of its financial problems and sufficient time to negotiate prior to implementation of salary freeze; pp. 28-29.