Decision 0192E – Victor Valley Joint Union High School District
LA-CE-1083
Decision Date: December 31, 1981
Decision Type: PERB Decision
Perc Vol: 6
Perc Index: 13027
Decision Headnotes
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.
608.07000 – 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.
1402.03000 – 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.
408.02000 – 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.