Decision 0192E – Victor Valley Joint Union High School District

LA-CE-1083

Decision Date: December 31, 1981

Decision Type: PERB Decision

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Perc Vol: 6
Perc Index: 13027

Decision Headnotes

102.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; SCOPE OF PERB JURISDICTION
102.03000 – Enforcement of Settlement Agreements and Contracts 3541.5(b); 3514.5(b); 3563.2(b)

The lone fact that a party's actions breach an existing contract does not deprive PERB of jurisdiction, especially where the action complained of (unilateral act) violates the EERA as well as the contract.

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

Failure by parties to incorporate contract provision dealing with past practice of calculating salaries does not constitute waiver on part of union where contract is otherwise silent on method of calculation.

1402.00000 – GENERAL LEGAL PRINCIPLES; WAIVER
1402.03000 – By Contract/Zipper Clauses/Management Rights Clauses

Failure by parties to incorporate contract provision dealing with past practice of calculating salaries does not constitute waiver on part of union where contract is otherwise silent on method of calculation.

408.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH RIGHT TO SELF OR UNION REPRESENTATION; WEINGARTEN RIGHTS
408.02000 – Grievances/Grievance Procedure

Even in the absence of a contractual grievance procedure, an employer interferes with the rights of the exclusive representative's rights to represent its members by refusing to discuss a union's "grievance" (complaint) over the computation of a retroactive wage increase.