Decision 0201E – Anaheim Union High School District
LA-CE-347
Decision Date: March 26, 1982
Decision Type: PERB Decision
Perc Vol: 6
Perc Index: 13078
Decision Headnotes
602.04000 – Time of Implementation
A governing board resolution unilaterally changing salaries and other terms of employment is a violation. Resolution constitutes official action even though it had a deferred effective date. Employer defenses - that it did not immediately implement the resolution and was willing to negotiate between resolution and effective date - rejected; p. 11. EERA prohibits unfair practices, not just harmful results; p. 22, proposed dec.
608.03000 – Business Necessity; Emergency Exception
District's claim it acted on good faith belief that it had to reduce teachers' salaries by July 1 (Proposition 13) rejected. District under no such legal obligation; p. 5.
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession
Waiver not shown simply because Union did not bargain before July 1 - date District believed it had to act to implement proposed change. Mutual agreement to postpone negotiations until after the July 1 date does not constitute waiver. District did not show "demonstrative behavior [by Union] waiving a reasonable opportunity to bargain over a decision not already firmly made by the employer;" p. 8.
1402.04000 – By Acquiescence/Conduct
Waiver not shown simply because Union did not bargain before July 1 - date District believed it had to act to implement proposed change. Mutual agreement to postpone negotiations until after the July 1 date does not constitute waiver. District did not show "demonstrative behavior [by Union] waiving a reasonable opportunity to bargain over a decision not already firmly made by the employer;" p. 8.