Decision 0134E – San Ysidro School District

LA-CE-212

Decision Date: June 19, 1980

Decision Type: PERB Decision

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Perc Vol: 4
Perc Index: 11105

Decision Headnotes

401.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS
401.10000 – Released Time

Reneging on release time which had already been agreed to was a 3543.5(c) violation and concurrently a 3543.5(a) violation because it interfered with employees right to meet and negotiate; conduct also concurrently violated 3543.5(b); p. 14.

102.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION
102.01000 – In General/Exclusive Initial Jurisdiction-Deferral to Arbitration; Deference by Reviewing Courts

PERB has exclusive initial jurisdiction over unfair practices even if they involve teacher discipline and dismissal; pp. 11-12.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.03000 – Contract Repudiation or Breach

District unlawfully repudiated agreement to provide one days release time for teacher-negotiators, this conduct along with other conduct was sufficient to give rise to a section 3543.5(c) violation; pp. 13-14.

606.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; NEGOTIATIONS; INDICIA OF SURFACE OR BAD FAITH BARGAINING; TOTALITY OF CIRCUMSTANCES
606.01000 – In General

Distinction between hard bargaining and surface bargaining is fine one; District did not engage in surface bargaining where it met and discussed ground rules all day; agreement does not have to be reached; pp. 14-16.

1201.00000 – REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS
1201.02000 – Reinstatement

Reinstatement and back pay appropriate where some conduct protected and some not; pp. 19-20.

1201.00000 – REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS
1201.03000 – Back Pay; Interest

Reinstatement and back pay appropriate where some conduct protected and some not; pp. 19-20.

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

Reneging on release time which had already been agreed to was a 3543.5(c) violation and concurrently a 3543.5(a) violation because it interfered with employees right to meet and negotiate; conduct also concurrently violated 3543.5(b); p. 14.