Decision 0223E – Newman-Crows Landing USD

S-CE-219

Decision Date: June 30, 1982

Decision Type: PERB Decision

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Perc Vol: 6
Perc Index: 13162

Decision Headnotes

601.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO BARGAIN IN GOOD FAITH (FOR SPECIFIC SUBJECTS, SEE SCOPE OF REPRESENTATION, SEC 1000)
601.03000 – Decision vs Effects Bargaining

No violation where exclusive rep made a general demand to bargain over decision to lay off, a managerial prerogative, rather than a specific request to bargain effects of lay-off. A valid request to bargain must signify a desire to negotiate on a subject within scope although it is not essential that the request be made in a particular form; pp. 7-9.

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

No violation where exclusive rep made a general demand to bargain over decision to lay off, a managerial prerogative, rather than a specific request to bargain effects of lay-off. A valid request to bargain must signify a desire to negotiate on a subject within scope although it is not essential that the request be made in a particular form; pp. 7-9.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.04000 – Unalleged Violations

ALJ exceeded his jurisdictional authority by finding that District failed to bargain over effects of decision to lay-off since the effects were never raised during course of hearing and neither party knew those matters would be ruled on; p. 11.