Decision 0225E – Newark Unified School District, Board of Education

SF-CE-367

Decision Date: June 30, 1982

Decision Type: PERB Decision

View Full Text (PDF)

Perc Vol: 6
Perc Index: 13164

Decision Headnotes

602.00000 – EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; UNILATERAL CHANGE (FOR NEGOT OF SPECIFIC SUBJECTS, SEE SEC 1000, SCOPE OF REPRESENTATION)
602.02000 – Prior Notice and Opportunity to Bargain

Violation found where District had a negotiating obligation (over effects of layoff) at time it proposed layoff, even though the full extent to which layoff would ultimately be implemented was speculative at that time; p. 5. Because it may reasonably be expected that a layoff of any magnitude will have an effect upon matters within scope, the proposal of layoff itself triggers the employer's obligation to provide notice and an opportunity to negotiate to the exclusive representative; p. 6.

1205.00000 – REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS
1205.01000 – In General

Where charging party failed to prove actual implementation of layoff ultimately affected matters within scope, only notice posting is mandated (for flat refusal to negotiate effects), not affirmative relief; p. 7.