Decision 0196E – Grant Joint Union High School District

S-CE-366

Decision Date: February 26, 1982

Decision Type: PERB Decision

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Perc Vol: 6
Perc Index: 13064

Decision Headnotes

1000.00000 – SCOPE OF REPRESENTATION
1000.02146 – Transfer of Employee(s)

Restricting eligibility for vacant positions and preventing senior teachers from seeking some of the "better jobs" constitutes new transfer policy which conflicts with and repudiates existing contractual transfer article.

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)

Subsection 3541.5(b) does not divest PERB of jurisdiction to resolve unfair practice charges simply because the employer's conduct also constitutes breach of a collective bargaining agreement. The subsection grants PERB authority to resolve charge even if it must interpret terms of agreement to do so; pp. 7-8. PERB is concerned with a change in established policy (concerning a matter within scope), whether the policy is embodied in a contract or evidenced by past practice; p. 8. Not every breach of contract violates Act. Breach must be a change of policy which has a generalized effect or continuing impact upon terms and conditions of employment; p. 9. Competing claims over proper contract interpretation, without showing Competing claims over proper contract interpretation, without showing

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 deliberately repudiated transfer article in contract by restricting eligibility for vacant positions and preventing senior teachers from seeking some of the "better jobs." This act constitutes new transfer policy.

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.01000 – In General

Subsection 3541.5(b) does not divest PERB of jurisdiction to resolve unfair practice charges simply because the employer's conduct also constitutes breach of a collective bargaining agreement. The subsection grants PERB authority to resolve charge even if it must interpret terms of agreement to do so; pp. 7-8. PERB is concerned with a change in established policy (concerning a matter within scope), whether the policy is embodied in a contract or evidenced by past practice; p. 8. Not every breach of contract violates Act. Breach must be a change of policy which has a generalized effect or continuing impact upon terms and conditions of employment; p. 9. Competing claims over proper contract interpretation, without showing that charging party's interpretation was the one agreed to, do not demonstrate policy change or violation; pp. 12-13. that charging party's interpretation was the one agreed to, do not demonstrate policy change or violation; pp. 12-13.