Decision 0225E – Newark Unified School District, Board of Education
Decision Date: June 30, 1982
Decision Type: PERB Decision
Perc Vol: 6
Perc Index: 13164
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.
1205.01000 – 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.