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Decision 0215E – Barstow Unified School District

LA-CE-474

Decision Date: June 11, 1982

Decision Type: PERB Decision

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Perc Vol: 6
Perc Index: 13136

Decision Headnotes

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

Union is under no duty to demand negotiations to preserve statutory rights when faced with a fait accompli.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.09000 – Strikes or Other Concerted Activity by Union

Even when employees or their union may be engaged in unprotected activity, an employer is not free to rescind statutory rights - use of District mail services, bulletin boards, telephones, meeting rooms, access to school sites, fringe benefit payments, and dues deduction, or unilaterally alter sick leave verification policy.

101.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES
101.02000 – Conflicts Between PERB-Administered Laws and Other California Statutes; Education Code/Supersession; MMBA Supersession

Education Code sections giving District right to adopt rules regarding manner of proof of illness does not supersede EERA sections 3540. Read together, the sections and EERA supersession section 3543.2, provide that District shall adopt leave verification rules subject to its duty to negotiate any change in working conditions of its employees.

608.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; DEFENSES
608.07000 – Waiver by Union; Contract Waivers; Bargaining History Estoppel; Disclaimer; Supersession

Education Code sections giving District right to adopt rules regarding manner of proof of illness does not supercede EERA sections 3540. Read together, the sections and EERA supercession section 3543.2 provide that district shall adopt leave verification rules subject to its duty to negotiate any change in working conditions of its employees.

401.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION, EMPLOYER CONDUCT AFFECTING ORGANIZING, UNION ACCESS; SOLICITATION, AND OTHER UNION RIGHTS
401.03000 – Ban on Distribution or Solicitation

Even when employees or their union may be engaged in unprotected activity, an employer is not free to rescind statutory rights - use of District mail services, bulletin boards, telephones, meeting rooms, access to school sites, fringe benefit payments, and dues deduction, or unilaterally alter sick leave verification policy.

404.00000 – EMPLOYER INTERFERENCE, RESTRAINT, COERCION; STATEMENTS, MEETINGS, NOTICES, AND LEAFLETS
404.02000 – Statements

District's misrepresentation to employees of its authority to rescind union statutory rights interferes with rights to participate in activities of employee organization. Violation of EERA section 3543.5(a) to threaten to rescind such rights, but no violation of 3543.5(b) to threaten such.

1500.00000 – MISCELLANEOUS ISSUES; EDUCATION CODE
1500.02000 – Education Code Sections Considered by PERB (By Number)

45191 - Education Code sections giving District right to adopt rules regarding manner of proof of illness does not supercede EERA sections 3540. Read together, the sections and EERA supercession section 3543.2 provide that district shall adopt leave verification rules subject to its duty to negotiate any change in working conditions of its employees.