Decision 0213E – Delano Union Elementary School District
LA-CE-1062
Decision Date: April 30, 1982
Decision Type: PERB Decision
Perc Vol: 6
Perc Index: 13117
Decision Headnotes
200.02000 – Managerial and Confidential
Employer reprimanding non-unit employee, who it believed was managerial, for engaging in union activities, unlawful. Status of employee does not depend on title, or parties' agreement regarding unit placement. Status determined by statutory definition and actual duties performed.
502.02000 – Mistake as to Employee Status or Protected Activity
Employer reprimanding non-unit employee, who it believed was managerial, for engaging in union activities, unlawful. Status of employee does not depend on title, or parties' agreement regarding unit placement. Status determined by statutory definition and actual duties performed.
502.03000 – Persons Outside Bargaining Unit
Employer reprimanding non-unit employee, who it believed was managerial, for engaging in union activities, unlawful. Status of employee does not depend on title, or parties' agreement regarding unit placement. Status determined by statutory definition and actual duties performed.
601.01000 – In General, Per Se and Totality of Conduct; Prima Facie Case
Duty to bargain arises legally on date PERB certification of unit modification issues; p. 15.
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession
No evidence of waiver of right to bargain on part of union shown; p. 15.
1402.04000 – By Acquiescence/Conduct
No evidence of waiver of right to bargain on part of union shown; p. 15.