Decision 0213E – Delano Union Elementary School District

LA-CE-1062

Decision Date: April 30, 1982

Decision Type: PERB Decision

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Perc Vol: 6
Perc Index: 13117

Decision Headnotes

200.00000 – PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309)
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.

502.00000 – EMPLOYER DISCRIMINATION; PERSONS PROTECTED
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.

502.00000 – EMPLOYER DISCRIMINATION; PERSONS PROTECTED
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.

601.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000)
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.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
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.

1402.00000 – GENERAL LEGAL PRINCIPLES; WAIVER
1402.04000 – By Acquiescence/Conduct

No evidence of waiver of right to bargain on part of union shown; p. 15.